NY State Senate Bill 2019-S9087

Senate Bill S9087

2019-2020 Legislative Session

Relates to prohibiting public employers from retaliating against employees for absences related to COVID-19

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 09, 2020	referred to rules

2019-S9087 (ACTIVE) - Details

See Assembly Version of this Bill:: A11099
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Amd §75-b, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S4201, A4063

2019-S9087 (ACTIVE) - Summary

Prohibits public employers from taking retaliatory adverse personnel actions against employees who use sick leave or compensatory time to quarantine, seek medical treatment, or for other absences related to COVID-19.

2019-S9087 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9087

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the civil service law, in relation to prohibiting public
employers from retaliating against employees for absences related to
COVID-19

 
PURPOSE::

Prohibits public employers from dismissing or taking other adverse
disciplinary/personnel actions against a public employee related to
absences related to COVID-19.

 
SUMMARY OF PROVISIONS::

Amends subdivision 2 of section 75-b of the civil service law by adding
a new section (b).

EXISTING LAW::

Various NYS Laws, including The Taylor Law and provisions of collective
bargaining agreements set many teal's for leave policies across the
state, city, and local and other government agencies.

 
JUSTIFICATION::

"No one should have to make the impossible choice between losing their
job or providing for their family and going to work, especially during
this pandemic."  Governor Andrew M. Cuomo
https://www.governor.ny.gov/news/governor-cuomo-signs- bill-guarantee-
paid-leave-new-yorkers-under-mandatory-or-precautionary

Clearly, the New York City Department of Corrections has a different
policy on how to handle employee leaves of absence during the global
pandemic that is COVID-19. With over 1400 staff, both uniformed and
non-uniformed, confirmed with Covid-19, the Department has chosen to
take adverse discipline/personnel actions against over 800 employees who
have been out sick fighting the effects of this highly contagious
illness.

(https://www1.nyc.gov/assets/boc/downloads/pdf/covid-19/ B0C-Weekly-Re-
port-10-10-10-16-20.pdf)

Link to article on Rikers Island employees being inappropriately disci-
plined for COVID-19 absences:  https://www.nydailynews.com/new-york/ny-
coronavirus-sick-nyc-
correction-officerspunished-20201025-5psci6meqzgzhikibk4pjuggsa-
story.html

Our own New York State Department of Health's directive for return to
work after illness or exposure to Covid-19 recommends anywhere from 10
to 14 days free from symptoms or exposure before returning to work.
While currently these adverse actions seem to be isolated to the Admin-
istration of NYC Corrections, the sponsors of this bill want to prevent
this from happening to other public employees by amending the civil
service law to ban such anti-worker, anti-health, anti-public policy
measures.
 
LEGISLATIVE HISTORY::

2020 Session - new bill

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

Immediately and deemed in effect as of January 1, 2020.

2019-S9087 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9087
 
                             I N  S E N A T E
 
                             November 9, 2020
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil service law, in relation to prohibiting public
   employers from retaliating against employees for absences  related  to
   COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 75-b of the civil service  law  is
 amended by adding a new paragraph (b) to read as follows:
   (B)  A PUBLIC EMPLOYER SHALL NOT DISMISS OR TAKE OTHER DISCIPLINARY OR
 OTHER ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE  REGARDING  THE
 EMPLOYEE'S EMPLOYMENT, INCLUDING DESIGNATING THE EMPLOYEE AS CHRONICALLY
 ABSENT,  BECAUSE  THE  EMPLOYEE  USES SICK LEAVE OR COMPENSATORY TIME TO
 QUARANTINE, CONVALESCE, SEEK  MEDICAL  TREATMENT,  OR  ENGAGE  IN  OTHER
 ACTIVITIES RELATED TO A COVID-19 DIAGNOSIS OR CONTACT.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 1, 2020.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17548-02-0

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