NY State Senate Bill 2021-S4201A

Senate Bill S4201A

Signed By Governor

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2021	signed chap.214
Jun 24, 2021	delivered to governor
Apr 26, 2021	returned to senate passed assembly
Apr 19, 2021	ordered to third reading cal.217 substituted for a4063a
Mar 25, 2021	referred to governmental employees delivered to assembly passed senate
Mar 10, 2021	advanced to third reading
Mar 09, 2021	2nd report cal.
Mar 08, 2021	1st report cal.510
Mar 02, 2021	print number 4201a
Mar 02, 2021	amend and recommit to civil service and pensions
Feb 02, 2021	referred to civil service and pensions

Votes

- Mar 25, 2021 - Floor Vote
  S4201A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 25, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Mar 8, 2021 - Civil Service And Pensions Committee Vote
  S4201A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Mar 8, 2021
      
      aye (7)
      
      Addabbo Jr.
      
      Akshar
      
      Gounardes
      
      Jackson
      
      Mannion
      
      Savino
      
      Weik

Bill Amendments

Original

A (Active)

2021-S4201 - Details

See Assembly Version of this Bill:: A4063
Law Section:: Civil Service Law
Laws Affected:: Add §159-c, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:: S9087, A11099

2021-S4201 - 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.

2021-S4201 - Sponsor Memo

                                
 
BILL NUMBER: S4201

SPONSOR: SAVINO
 
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 terms 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

htts://www.governor.ny.govinews/governor- cuomo-signs-bill-guarantee-
paid- leave-newyorkers-under-mandatory-or-precautionary

Clearly, the New Yok 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-Report
-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.

2021-S4201 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4201
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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.
                                                            LBD08048-01-1

co-Sponsors

2021-S4201A (ACTIVE) - Details

See Assembly Version of this Bill:: A4063
Law Section:: Civil Service Law
Laws Affected:: Add §159-c, Civ Serv L
Versions Introduced in 2019-2020 Legislative Session:: S9087, A11099

2021-S4201A (ACTIVE) - Summary

2021-S4201A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4201A

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 civil service law by adding a new section 159-c.

 
EXISTING LAW:

Various NYS Laws, including The Taylor Law and provisions of collective
bargaining agreements set many terms 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-undermandatory-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://wwwl.nyc.gov/assets/boc/downloads/pdf/
covid-19/B0C-Weekly-Report-10-10-10-16-20.pdf)

Link to article on Rikers Island employees being inappropriately disci-
plined for COVID-19 absences:  haps://www.nydailynews.com/new-yorldny-
coronavirus-sick-nyc-correction-officers- punished-20201025-
Spsci6meqzgzhikibk4pjuggsa-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 March 1, 2020.

2021-S4201A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4201--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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.  The  civil service law is amended by adding a new section
 159-c to read as follows:
   § 159-C. PROHIBITION OF RETALIATION FOR  USE  OF  SICK  LEAVE  DUE  TO
 COVID-19;  PUBLIC EMPLOYERS. 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 March 1, 2020.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08048-02-1

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