NY State Senate Bill 2023-S5843

Senate Bill S5843

2023-2024 Legislative Session

Provides line of duty sick leave for first responders who are diagnosed with or display symptoms of a pandemic virus

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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
Jan 03, 2024	referred to local government
Mar 20, 2023	referred to local government

2023-S5843 (ACTIVE) - Details

See Assembly Version of this Bill:: A2046
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §92-e, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8456, A10476
2021-2022: S1618, A2597

2023-S5843 (ACTIVE) - Summary

Provides line of duty sick leave for first responders who are diagnosed with or display symptoms of a pandemic virus.

2023-S5843 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5843

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to line of duty
sick leave for first responders due to a pandemic virus

 
PURPOSE:

The intent of this legislation is to assure line of duty sick leave for
frontline/first responders who are diagnosed with or display symptoms of
a pandemic (COVID-19) virus is given during a national or state of emer-
gency.

 
SUMMARY OF PROVISIONS:

Section 1 of the general municipal law is amended by adding section
92-e. Sick leave for officers and employees due to a pandemic virus.
Any police officer as defined by subdivision thirty-four of section 120
of the criminal procedure law, member of and organized fire company or
fire department of a city, town, village or fire district, emergency

medical technician or advanced emergency medical technician as such
terms are defined by section three thousand one of the public health
law, or paramedic who was exposed or came into contact with a pandemic
virus and such individual tests positive for, or displays symptoms of
such pandemic virus, shall, after submitting to his or her employer a
written request for line of duty sick leave, be granted line of duty
sick leave commencing on the date that such employee was diagnosed with
or began displaying symptoms of the pandemic virus. Such officer or
employee shall be compensated at his or her regular rate of pay for
those regular work hours during which such officer or employees is
absent from work hours during which such officer or employee is absent
from work due to his or her diagnosis or symptoms of a pandemic virus.
Such leave shall be provided without loss of an officer or employee's
accrued sick leave.

An employer shall not take any adverse personal action against an
employee regarding such employee's employment or request to utilize line
of duty sick leave. A request for the line of duty sick leave shall be
in writing and include a waiver of the protection afford to the officer
or employee pursuant to the health insurance portability and account-
ability act to allow disclosure of the officers or employees exposure or
contact with a pandemic virus and any medical records concerning such
officers or employees notice of exposure or contact with such pandemic
virus.

Nothing in this section shall limit an employer's power pursuant to any
other provision of law to disclose an officer or employee by termini
nation, reduction in salary, or any other appropriate measure; to termi-
nate an appointee who has not completed his or her probationary term,
and to apply for ordinary or accident disability retirement for an offi-
cer or employee.

Pandemic virus," shall mean a virus this is classified as a pandemic by
the World Health Organization which causes the governor to declare a
state declaration of disaster emergency pursuant to section twenty-eight
of the executive law.

Section 2: The state shall reimburse and public authority or Municipal
Corporation of less than .one million people for the cost of any line of
duty sick leave granted pursuant to this act.

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

During any crisis or pandemic it is the first responders that are not
able to shelter in place during the nation's health emergency. They
often asked to be out on the streets or within health care facilities
interacting with both healthy New Yorkers and sick ones, often without
adequate protective equipment.

The coronavirus pandemic is impacting nearly every element of public
life, and first responders are increasingly on the frontlines of the
crisis. EMS workers are struggling to keep up with the influx of 9-1-1
calls, police departments are facing a worst-case scenario with large
numbers of the workforce out sick or in quarantine, and already-short-
handed fire departments are keeping communities safe amid volunteer
shortages.

In New York City alone, first responders are getting up to over 7515
more 9-1-1 calls than usual, and the pressure and ceaseless nature of
the virus frontlines is taking a toll on even the most veteran workers.
EMS workers reported responding to around 7,000-8,000 9-1-1 calls per
day, up to 7515 more than normal call-volume, and instead of the 50-70
cardiac arrests per day, the current number tallies around 300. Police
departments have been equally hard-hit by COVID-19. On April 3, the New
York City Police Department reported that 1 in 6 NYPD officers were out
sick or in quarantine. While certain action has been addressed in feder-
al relief legislation, the legislation only adds temporary relief.

There are certain agencies that have regulations that state an employee
who reports to work displaying symptoms must be encouraged to voluntar-
ily absent themselves with charge to leave accruals.  Potential motiva-
tors include emphasizing that when sick, absenting oneself helps protect
everyone, including co-workers and patients, and helps ensure they take
a moment to assess their own well-being.  If after encouragement, an
employee refuses to voluntarily absent themselves the employee must be
directed to go home and HR must be immediately notified of the direc-
tive. Once HR is notified, they will provide direction regarding leave
accruals. This legislation intent is to make line of duty sick leave for
first responders due to a pandemic virus permanent in the state of New
York.

 
LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS:

Yet to be determined

 
EFFECTIVE DATE:

2023-S5843 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5843
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to line  of  duty
   sick leave for first responders due to a pandemic virus
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 92-e to read as follows:
   § 92-E. SICK LEAVE FOR OFFICERS AND EMPLOYEES DUE TO A PANDEMIC VIRUS.
 1.(A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY POLICE OFFICER AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20
 OF  THE  CRIMINAL  PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE COMPANY OR
 FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE  OR  FIRE  DISTRICT,  EMERGENCY
 MEDICAL  TECHNICIAN  OR  ADVANCED  EMERGENCY  MEDICAL TECHNICIAN AS SUCH
 TERMS ARE DEFINED BY SECTION THREE THOUSAND ONE  OF  THE  PUBLIC  HEALTH
 LAW,  OR  PARAMEDIC WHO WAS EXPOSED OR CAME INTO CONTACT WITH A PANDEMIC
 VIRUS AND SUCH INDIVIDUAL TESTS POSITIVE FOR, OR DISPLAYS  SYMPTOMS  OF,
 SUCH  PANDEMIC  VIRUS,  SHALL, AFTER SUBMITTING TO HIS OR HER EMPLOYER A
 WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE  GRANTED  LINE  OF  DUTY
 SICK  LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH
 OR BEGAN DISPLAYING SYMPTOMS OF THE PANDEMIC VIRUS.    SUCH  OFFICER  OR
 EMPLOYEE  SHALL  BE  COMPENSATED  AT  HIS OR HER REGULAR RATE OF PAY FOR
 THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER OR EMPLOYEE IS ABSENT
 FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A  PANDEMIC  VIRUS.
 SUCH  LEAVE  SHALL  BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S
 ACCRUED SICK LEAVE.
   (B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
 EMPLOYEE REGARDING SUCH EMPLOYEE'S EMPLOYMENT BECAUSE  EITHER  (I)  SUCH
 EMPLOYEE  UTILIZES,  OR  REQUESTS  TO  UTILIZE,  SICK LEAVE OR ANY OTHER
 AVAILABLE LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE  UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06623-01-3

 S. 5843                             2
 
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW,  RULE  OR REGULATION TO THE
 CONTRARY, ANY POLICE OFFICER AS DEFINED BY  SUBDIVISION  THIRTY-FOUR  OF
 SECTION  1.20 OF THE CRIMINAL PROCEDURE LAW, MEMBER OF AN ORGANIZED FIRE
 COMPANY OR FIRE DEPARTMENT OF A CITY, TOWN, VILLAGE  OR  FIRE  DISTRICT,
 EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN AS
 SUCH  TERMS  ARE  DEFINED  BY  SECTION  THREE THOUSAND ONE OF THE PUBLIC
 HEALTH LAW, OR PARAMEDIC, WHO DO NOT RECEIVE BENEFITS SIMILAR  TO  THOSE
 PROVIDED BY THIS SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT,
 SECTION  14-122.1  OF  THE  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
 SECTION 15-108.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  OR
 OTHER  STATUTORY PROVISION AND WHO WAS EXPOSED OR CAME INTO CONTACT WITH
 A PANDEMIC VIRUS AND SUCH INDIVIDUAL  TESTS  POSITIVE  FOR  OR  DISPLAYS
 SYMPTOMS  OF  SUCH PANDEMIC VIRUS, SHALL, AFTER SUBMITTING TO HIS OR HER
 EMPLOYER A WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED  LINE
 OF  DUTY  SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS DIAG-
 NOSED WITH OR BEGAN DISPLAYING SYMPTOMS  OF  THE  PANDEMIC  VIRUS.  SUCH
 OFFICER  OR  EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR RATE OF
 PAY FOR THOSE REGULAR WORK HOURS DURING WHICH SUCH OFFICER  OR  EMPLOYEE
 IS ABSENT FROM WORK DUE TO HIS OR HER DIAGNOSIS OR SYMPTOMS OF A PANDEM-
 IC  VIRUS.  SUCH  LEAVE  SHALL BE PROVIDED WITHOUT LOSS OF AN OFFICER OR
 EMPLOYEE'S ACCRUED SICK LEAVE.
   (B) AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION AGAINST AN
 EMPLOYEE REGARDING SUCH EMPLOYEE'S EMPLOYMENT BECAUSE  EITHER  (I)  SUCH
 EMPLOYEE  UTILIZES,  OR  REQUESTS  TO  UTILIZE,  SICK LEAVE OR ANY OTHER
 AVAILABLE LEAVE DUE TO A PANDEMIC VIRUS, OR (II) SUCH EMPLOYEE  UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   3. NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY  OTHER  PROVISION  OF  LAW  TO  DISCIPLINE AN OFFICER OR EMPLOYEE BY
 TERMINATION, REDUCTION OF SALARY, OR ANY OTHER APPROPRIATE  MEASURE;  TO
 TERMINATE  AN  APPOINTEE  WHO  HAS NOT COMPLETED HIS OR HER PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   4. A REQUEST FOR LINE OF DUTY SICK  LEAVE  SHALL  BE  IN  WRITING  AND
 INCLUDE  A  WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER OR EMPLOYEE
 PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY  ACT  TO
 ALLOW  DISCLOSURE OF THE OFFICERS OR EMPLOYEE'S EXPOSURE OR CONTACT WITH
 A PANDEMIC VIRUS AND SUCH POLICE OFFICER'S OR EMPLOYEE'S  POSITIVE  TEST
 FOR  SUCH  PANDEMIC  VIRUS AND ANY MEDICAL RECORDS CONCERNING SUCH OFFI-
 CER'S OR EMPLOYEE'S NOTICE OF EXPOSURE OR  CONTACT  WITH  SUCH  PANDEMIC
 VIRUS  AND  SUCH  POLICE  OFFICER'S OR EMPLOYEE'S POSITIVE TEST FOR SUCH
 PANDEMIC VIRUS IN THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH  SUCH
 OFFICER OR EMPLOYEE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING
 AND  AUDITING  HIS OR HER CLAIM FOR LINE OF DUTY SICK LEAVE. SUCH WAIVER
 SHALL BE IN THE FORM REQUIRED BY THE RETIREMENT SYSTEM OF  WHICH  HE  OR
 SHE IS A MEMBER, ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE,
 WITH HIS OR HER EMPLOYER.
   5.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "ADVERSE PERSONNEL ACTION" SHALL MEAN  ANY  DISCIPLINE,  INCLUDING
 ISSUING A NOTICE OF DISCIPLINE, DISCHARGE, SUSPENSION, DEMOTION, PENALI-
 ZATION,  OR  DISCRIMINATION  AGAINST  AN EMPLOYEE UTILIZING LINE OF DUTY
 SICK LEAVE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE  OR  SUBDIVISION
 TWO OF THIS SECTION.
   (B)  "COST"  SHALL  MEAN THE NUMBER OF DAYS OF SICK LEAVE THAT MUST BE
 RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT TO SUBDIVISION ONE OR TWO OF
 THIS SECTION MULTIPLIED BY SUCH OFFICER OR EMPLOYEE'S WAGE RATE  AT  THE
 S. 5843                             3
 
 TIME  THAT  SUCH  SICK LEAVE FOR WHICH REIMBURSEMENT IS BEING SOUGHT WAS
 TAKEN.
   (C)  "PANDEMIC  VIRUS"  SHALL MEAN A VIRUS (I) THAT IS CLASSIFIED AS A
 PANDEMIC BY THE WORLD HEALTH ORGANIZATION; AND  (II)  WHICH  CAUSES  THE
 GOVERNOR  TO  DECLARE A STATE DECLARATION OF DISASTER EMERGENCY PURSUANT
 TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 2. The state shall  reimburse  any  public  authority  or  municipal
 corporation  of less than one million people for the cost of any line of
 duty sick leave granted pursuant to this act.
   § 3. This act shall take effect immediately.

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