S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5173
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to transfer  of  sick
   time
 
   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-e to read as follows:
   §  159-E.  TRANSFER OF SICK TIME. 1. FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DONOR" SHALL MEAN AN INDIVIDUAL WHO DONATES SICK TIME TO A FELLOW
 EMPLOYEE;
   (B) "RECIPIENT" SHALL MEAN AN INDIVIDUAL  WHO  RECEIVES  DONATED  SICK
 TIME FROM A FELLOW EMPLOYEE;
   (C)  "FELLOW  EMPLOYEE"  SHALL  MEAN  AN INDIVIDUAL EMPLOYED UNDER THE
 JURISDICTION OF THE SAME CIVIL SERVICE COMMISSION AS ANOTHER;
   (D) "STATE COMMISSION" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION TWO OF THIS CHAPTER; AND
   (E)  "MUNICIPAL  COMMISSION" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER.
   2. EVERY PUBLIC OFFICER, EMPLOYEE OF THIS STATE, EMPLOYEE OF ANY COUN-
 TY, EMPLOYEE OF ANY COMMUNITY COLLEGE, EMPLOYEE OF ANY PUBLIC AUTHORITY,
 EMPLOYEE OF ANY PUBLIC BENEFIT CORPORATION, EMPLOYEE  OF  ANY  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES  (BOCES),  EMPLOYEE OF ANY VOCATIONAL
 EDUCATION AND EXTENSION  BOARD,  OR  A  SCHOOL  DISTRICT  ENUMERATED  IN
 SECTION  ONE  OF  CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN
 HUNDRED SIXTY-SEVEN, EMPLOYEE  OF  ANY  MUNICIPALITY,  EMPLOYEE  OF  ANY
 SCHOOL  DISTRICT  OR ANY EMPLOYEE OF A PARTICIPATING EMPLOYER IN THE NEW
 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR ANY EMPLOYEE  OF  A
 PARTICIPATING EMPLOYER IN THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05932-01-3
 A. 5173                             2
              

 
 SHALL BE ENTITLED TO TRANSFER OR RECEIVE SICK TIME FROM A FELLOW EMPLOY-
 EE.
   3.  IN  ORDER  TO  TRANSFER  SUCH SICK TIME THE FOLLOWING RESTRICTIONS
 SHALL APPLY:
   (A) AN EMPLOYEE UNDER THE JURISDICTION OF THE STATE  COMMISSION  SHALL
 ONLY  BE  PERMITTED  TO RECEIVE DONATED SICK TIME FROM A FELLOW EMPLOYEE
 UNDER THE JURISDICTION OF THE STATE COMMISSION;
   (B) AN EMPLOYEE UNDER THE JURISDICTION  OF  ANY  MUNICIPAL  COMMISSION
 SHALL  ONLY  BE  PERMITTED  TO  RECEIVE  DONATED SICK TIME FROM A FELLOW
 EMPLOYEE UNDER THE JURISDICTION OF THE SAME MUNICIPAL COMMISSION;
   (C) AN EMPLOYEE UNDER THE JURISDICTION OF A SCHOOL DISTRICT SHALL ONLY
 BE PERMITTED TO RECEIVE DONATED SICK TIME FROM A FELLOW  EMPLOYEE  UNDER
 THE JURISDICTION OF THE SAME SCHOOL DISTRICT;
   (D)  A  RECIPIENT  SHALL  ONLY BE PERMITTED TO RECEIVE AND USE DONATED
 SICK TIME FROM A FELLOW EMPLOYEE IF SUCH  RECIPIENT  HAS  EXHAUSTED  ALL
 PERSONAL SICK TIME. PERSONAL SICK TIME SHALL BE DEEMED EXHAUSTED WHEN AN
 EMPLOYEE  HAS  A  BALANCE OF ZERO HOURS OR LESS THAN THE NUMBER OF HOURS
 NECESSARY TO COMPLETE APPROVED SICK LEAVE; AND
   (E) AN EMPLOYER MAY  RESERVE  THE  RIGHT  TO  REQUIRE  THAT  EMPLOYEES
 PROVIDE  A  WRITTEN  REFERRAL  FROM A PHYSICIAN OR OTHER DULY AUTHORIZED
 HEALTH CARE PROVIDER OR PROOF OF FAMILIAL EMERGENCY FOR SUCH SICK  LEAVE
 TO BE APPROVED.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO SUPERSEDE OR DIMINISH
 THE TERMS, RIGHTS, PRIVILEGES, OR REMEDIES OF  ANY  EMPLOYEE  UNDER  ANY
 COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.