NY State Senate Bill 2023-S6078A

Senate Bill S6078A

2023-2024 Legislative Session

Relates to attendance policies for employees of the metropolitan transportation authority or contractors of Nassau and Suffolk counties providing public transportation

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Mar 30, 2023	print number 6078a
Mar 30, 2023	amend (t) and recommit to transportation
Mar 28, 2023	referred to transportation

Bill Amendments

Original

A (Active)

2023-S6078 - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1266-m, Pub Auth L

2023-S6078 - Summary

Relates to attendance policies for employees of the metropolitan transportation authority or contractors of Nassau and Suffolk counties providing public transportation regarding time off for medical services and court appearances.

2023-S6078 - Sponsor Memo

                                 
BILL NUMBER: S6078

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to certain
absences by employees of the metropolitan transportation authority

 
PURPOSE:

The purpose of this bill is to ensure transit workers are not penalized
for respecting paid leave related to medical conditions, declared states
of emergency, and court ordered appearances

 
SUMMARY OF PROVISIONS:

The public authorities law is amended by adding three new sections
1266-m, 1266-n, and 1266-o to protect transit workers from adverse
employer action related to extended illness, paid or unpaid; absence
during declared emergencies, and any court ordered appearances

JUSTIFICATION:

This bill provides that the Metropolitan Transportation Authority and/or
any of its subordinate entities and contractors of the counties of
Nassau and Suffolk engaged in providing public transportation shall not
engage in disciplinary practices that run contrary to the intent of the
people of the State of New York by applying attendance based discipli-
nary policies to its employees during periods of employee illness and/or
injury.

Applying such attendance-based disciplinary policies upon employees who
do not qualify under Family and Medical Leave laws, but have been diag-
nosed with an injury, illness, or chronic medical condition that
requires treatment and causes the employee to absent themselves from
their position of employment with the Metropolitan Transportation
Authority or a contractor of the counties of Nassau and Suffolk provid-
ing public transportation due to receiving either diagnostic or treat-
ment services from a licensed provider.

The Metropolitan Transportation Authority, and/or any of its subordinate
entities and any contractor of the counties of Nassau and Suffolk
providing public transportation should not be placing any of its employ-
ees in a position to choose between their job security and their health.
Nor should the Metropolitan Transportation Authority and/or any of its
subordinate entities and any contractor of the counties of Nassau and
Suffolk providing public transportation be placing any of its employees
infected with a contagious infection in a position of choosing between
job security and protecting the public health by penalizing them for
absenting themselves from their position during the period in which they
are deemed to be contagious to other persons.

The Metropolitan Transportation Authority, and/or any of its subordinate
entities and any contractor of the counties of Nassau and Suffolk
providing public transportation should not be causing a situation in
which the employees of the Metropolitan Transportation Authority and/or
any of its subordinate entities or any contractor of the counties of
Nassau and Suffolk providing public transportation are directing their
employees to violate orders related to a State of Emergency declared by
the Governor of the State of New York. It is particularly egregious when
the Metropolitan Transportation Authority and/or any of its subordinate
entities or any contractor of the counties of Nassau and Suffolk provid-
ing public transportation assess a disciplinary infraction for such an
absence or lateness thereby forcing upon such employees a choice between
facing potential disciplinary action or violating the orders of a Law
Enforcement Agency related to the declaration of a State of Emergency by
the Governor of the State of New York.

The Metropolitan Transportation Authority, and/or any of its subordinate
entities or any contractor of the counties of Nassau and Suffolk provid-
ing public transportation should not be causing a situation in which an
employee is encouraged to disregard a Court Order to appear in Court as
either a Defendant/Plaintiff or as a Witness in a legal proceeding. Such
actions may subject the affected employee to arrest. Furthermore, such
actions by the Metropolitan Transportation Authority and the contractors
of the counties of Nassau and Suffolk providing public transportation
serve to erode the rule of law in New York State.

Employment by the Metropolitan Transportation Authority and/or any of
its subordinate entities and any contractor of the counties of Nassau
and Suffolk providing public transportation should have the innate
nobility of providing needed transportation services to the people of
the State of New York. Employees of the Metropolitan Transportation
Authority and/or any of its subordinate entities and any contractor of
the counties of Nassau and Suffolk providing public transportation
should not be subject to discipline for actions that protect the public
health, workplace health and safety, or are in contradiction to the
orders of a Court or a Law Enforcement Agency. When those employees of
the Metropolitan Transportation Authority and/or any of its subordinate
entities or any contractor of the counties of Nassau and Suffolk provid-
ing public transportation are subjected to such disciplinary policies
for actions that jeopardize the public health, workplace health and
safety, or are in contradiction to orders given by a Court or Law
Enforcement Agencies, it is the people of the State of New York who are
being placed in harm's way by being exposed to contagious infections. It
is the people of the State of New York whose safety is being com prom-
ised by compelling medically impaired employees to perform safety
inspections and repairs or by compelling unnecessary travel of those
employees during a declared State of Emergency. It is the people of the
State of New York who ultimately suffer when the rule of law is eroded
by the Metropolitan Transportation Authority, its subordinate entities,
and any contractor of the counties of Nassau and Suffolk providing
public transportation.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6078 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6078
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public  authorities  law,  in  relation  to  certain
   absences by employees of the metropolitan transportation authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law is amended by adding  three  new
 sections 1266-m, 1266-n and 1266-o to read as follows:
   §  1266-M.  PROTRACTED  MEDICAL  CONDITIONS  OF  EMPLOYEES. SHOULD ANY
 EMPLOYEE ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL  SERVICE  OWNED  OR
 OPERATED  BY THE AUTHORITY OR ITS SUBSIDIARY, OR CONTRACTOR OF THE COUN-
 TIES OF NASSAU OR SUFFOLK ENGAGED IN PROVIDING PUBLIC TRANSPORTATION, BE
 DIAGNOSED  WITH  A  CHRONIC  MEDICAL  CONDITION,   ILLNESS,   CONTAGIOUS
 INFECTION,  NON-CONTAGIOUS  INFECTION REQUIRING AN EXTENDED ABSENCE FROM
 THE WORKPLACE, PAID OR UNPAID, SHALL NOT BE SUBJECT TO AN ADVERSE DISCI-
 PLINARY ACTION BY THEIR EMPLOYER, NOTWITHSTANDING  ANY  PROVISION  IN  A
 COLLECTIVE  BARGAINING  AGREEMENT BETWEEN SUCH EMPLOYER AND THE EMPLOYEE
 ORGANIZATION REPRESENTING THE ABSENT CHRONICALLY ILL EMPLOYEE.
   § 1266-N. ABSENCE DURING  CERTAIN  DECLARED  EMERGENCIES.  SHOULD  ANY
 EMPLOYEE  ENGAGED  IN  THE SERVICE OF ANY COMMUTER RAIL SERVICE OWNED OR
 OPERATED BY THE AUTHORITY OR ITS SUBSIDIARY, OR CONTRACTOR OF THE  COUN-
 TIES OF NASSAU OR SUFFOLK ENGAGED IN PROVIDING PUBLIC TRANSPORTATION, BE
 RENDERED  UNABLE TO REPORT TO THEIR WORKPLACE DURING AN EMERGENCY DECLA-
 RATION BY THE GOVERNOR AND WHERE COMPELLED BY THE LAWFUL DIRECTIONS OF A
 LAW ENFORCEMENT AGENCY TO REFRAIN FROM DOING SO DURING  SUCH  EMERGENCY,
 SHALL  NOT  BE  SUBJECT TO AN ADVERSE DISCIPLINARY ACTION AS A RESULT OF
 SUCH ABSENCE, NOTWITHSTANDING ANY PROVISION IN A  COLLECTIVE  BARGAINING
 AGREEMENT BETWEEN SUCH EMPLOYER AND THE EMPLOYEE ORGANIZATION REPRESENT-
 ING THE ABSENT EMPLOYEE UNDER SUCH CIRCUMSTANCES.
   § 1266-O. ABSENCE DUE TO LEGAL PROCESS. SHOULD ANY EMPLOYEE ENGAGED IN
 THE  SERVICE  OF  ANY  COMMUTER  RAIL  SERVICE  OWNED OR OPERATED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10518-01-3

 S. 6078                             2
 
 AUTHORITY OR ITS SUBSIDIARY, OR CONTRACTOR OF THE COUNTIES OF NASSAU  OR
 SUFFOLK  ENGAGED  IN PROVIDING PUBLIC TRANSPORTATION, BE RENDERED UNABLE
 TO REPORT TO THEIR WORKPLACE DUE TO ANY LAWFUL COURT ORDER TO APPEAR  IN
 A COURT OR AT A DEPOSITION AS A PLAINTIFF, DEFENDANT, JUROR, OR WITNESS,
 SHALL  NOT  BE  SUBJECT TO AN ADVERSE DISCIPLINARY ACTION AS A RESULT OF
 SUCH ABSENCE, NOTWITHSTANDING ANY PROVISION IN A  COLLECTIVE  BARGAINING
 AGREEMENT BETWEEN SUCH EMPLOYER AND THE EMPLOYEE ORGANIZATION REPRESENT-
 ING THE ABSENT EMPLOYEE UNDER SUCH CIRCUMSTANCES.
   § 2. This act shall take effect immediately.

co-Sponsors

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2023-S6078A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1266-m, Pub Auth L

2023-S6078A (ACTIVE) - Summary

2023-S6078A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6078A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to protections
for employees of the metropolitan transportation authority or contrac-
tors of Nassau and Suffolk counties providing public transportation

 
PURPOSE OR GENERAL IDEA OF BILL:

To change attendance policies in the MTA or contractors to be fairer to
workers.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the public authorities' law by adding a
new section 1279 that states no employee shall be subject to discipli-
nary action if their absence from work was due to injury, illness,
infection, chronic medical condition or doctor's appointment. The MTA
cannot take action against the employee for seeking treatment. The MTA
cannot subject an employee to any disciplinary action for failure to

report or lateness during a state of emergency. An employee cannot face
disciplinary action for failure to report for duty as result of a
summons or subpoena in court.

Section 2 of the bill provides that this act shall take effect imme-
diately

 
JUSTIFICATION:

This legislation will remedy problems caused by the draconian attendance
policies of the MTA, its subsidiaries, and private bus contractors oper-
ating public bus systems in Nassau and Suffolk Counties. These draconian
policies force choices upon employees that they should never be required
to make. If a Metro North Worker is subpoenaed to appear in court as a
plaintiff, a witness or a defendant in a legal matter outside of the
course of their employment this is held against their attendance and
they may be subject to discipline up to and including dismissal. The
same applies when a conflict arises between showing up for work and
getting a mammogram.  Paid sick days are being applied against
"no-fault" attendance policies even when a treating provider provides
documentation that the worker is not physically able to render service
due to a non-COVID contagious infection (Flu, RSV, Measles, etc.) The
situation has repeated itself nat only at Metro North but also in every
operating entity in the Transportation Industry in the Metropolitan
Area.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S6078A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6078--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public authorities law, in relation  to  protections
   for employees of the metropolitan transportation authority or contrac-
   tors of Nassau and Suffolk counties providing public transportation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1279-m to read as follows:
   § 1279-M. TRANSPORTATION CARRIER EMPLOYEE ATTENDANCE POLICIES. 1.  FOR
 THE  PURPOSES OF THIS SECTION, "EMPLOYEE" MEANS A PERSON EMPLOYED BY THE
 METROPOLITAN TRANSPORTATION AUTHORITY, A SUBORDINATE AGENCY,  AUTHORITY,
 OR  CORPORATION  OF  SUCH  AUTHORITY, OR A CONTRACTOR OF THE COUNTIES OF
 NASSAU AND SUFFOLK PROVIDING PUBLIC TRANSPORTATION.
   2. NO EMPLOYEE SHALL BE SUBJECT TO DISCIPLINARY ACTION BY  THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY,  A SUBORDINATE AGENCY, AUTHORITY, OR
 CORPORATION OF SUCH AUTHORITY, OR A CONTRACTOR OF THE COUNTIES OF NASSAU
 AND SUFFOLK ENGAGED IN PROVIDING PUBLIC  TRANSPORTATION  FOR  ANY  DOCU-
 MENTED  PAID  OR  UNPAID  PERIOD  OF ABSENCE FROM THEIR POSITION IF SUCH
 PERIOD OF ABSENCE IS DIRECTLY RELATED TO THE FOLLOWING:
   (A) ON-DUTY OR OFF-DUTY INJURY;
   (B) OCCUPATIONALLY RELATED OR NON-OCCUPATIONALLY RELATED ILLNESS;
   (C) CONTAGIOUS OR NON-CONTAGIOUS INFECTION;
   (D) CHRONIC MEDICAL CONDITION; OR
   (E) ANY APPOINTMENT WITH A DOCTOR, SURGEON, DENTIST, OR OTHER LICENSED
 TREATMENT PROVIDER IN CONNECTION WITH THE DIAGNOSIS OR TREATMENT  OF  AN
 ON-DUTY OR OFF-DUTY INJURY, OCCUPATIONALLY RELATED OR NON-OCCUPATIONALLY
 RELATED  ILLNESS, CONTAGIOUS OR NON-CONTAGIOUS INFECTION, AND/OR CHRONIC
 MEDICAL CONDITION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10518-02-3

 S. 6078--A                          2
 
   3. THE METROPOLITAN TRANSPORTATION  AUTHORITY,  SUBORDINATE  AGENCIES,
 AUTHORITIES,  OR  CORPORATIONS OF SUCH AUTHORITY, AND CONTRACTORS OF THE
 COUNTIES OF NASSAU AND SUFFOLK ENGAGED IN PROVIDING  PUBLIC  TRANSPORTA-
 TION SHALL NOT:
   (A) TAKE ANY ACTIONS WHICH MAY INHIBIT THE ABILITY OF AN EMPLOYEE FROM
 SEEKING  DIAGNOSTIC  AND/OR TREATMENT SERVICES FOR ANY OF THE CONDITIONS
 LISTED IN SUBDIVISION TWO OF THIS SECTION. SUCH ACTIONS INCLUDE, BUT ARE
 NOT LIMITED TO, REQUIRING SUCH EMPLOYEES TO REMAIN  AT  THEIR  PLACE  OF
 RESIDENCE  AND  PENALIZING SUCH EMPLOYEES FOR THE PURPOSES OF PREVENTING
 SUCH EMPLOYEES FROM  RECEIVING  IN-PERSON  DIAGNOSTIC  AND/OR  TREATMENT
 SERVICES  BY  A  LICENSED  DOCTOR,  SURGEON, PHARMACIST, DENTIST, OR ANY
 OTHER LICENSED PROVIDER OF SUCH SERVICES;
   (B) SUBJECT AN EMPLOYEE TO ANY  DISCIPLINARY  ACTION  FOR  FAILURE  TO
 REPORT  FOR  DUTY  DURING  A STATE OF EMERGENCY DECLARED BY THE GOVERNOR
 PURSUANT TO EXECUTIVE ORDER DURING WHICH ACCESS TO THE INTERSTATE  HIGH-
 WAYS  WITHIN  THE  COUNTIES OF SUFFOLK, NASSAU, QUEENS, KINGS, RICHMOND,
 NEW YORK, BRONX, WESTCHESTER, PUTNAM, DUTCHESS,  ROCKLAND,  ORANGE,  AND
 ULSTER ARE RESTRICTED PURSUANT TO AN ORDER OF A LAW ENFORCEMENT AGENCY;
   (C) APPLY ANY LATENESS OR PERIOD OF ABSENCE OF AN EMPLOYEE TOWARDS ANY
 POLICY  ON  EMPLOYEE  ATTENDANCE DURING A STATE OF EMERGENCY DECLARED BY
 THE GOVERNOR PURSUANT TO EXECUTIVE ORDER; OR
   (D) SUBJECT AN EMPLOYEE TO DISCIPLINARY ACTION FOR FAILURE  TO  REPORT
 FOR  DUTY  AS  A  RESULT  OF SUCH EMPLOYEE BEING COMPELLED BY SUMMONS OR
 SUBPOENA TO APPEAR IN EITHER A FEDERAL COURT  OR  ANY  COURT  UNDER  THE
 UNIFIED  COURT  SYSTEM  OF  THE STATE OF NEW YORK AS EITHER A DEFENDANT,
 PLAINTIFF, OR WITNESS IN ANY LEGAL PROCEEDING. THIS PARAGRAPH SHALL ALSO
 APPLY TO DEPOSITIONS IN CONNECTION WITH A LEGAL  ACTION  IN  WHICH  SUCH
 EMPLOYEE HAS BEEN COMPELLED BY SUBPOENA TO GIVE TESTIMONY.
   4.  THE  METROPOLITAN  TRANSPORTATION AUTHORITY, SUBORDINATE AGENCIES,
 AUTHORITIES, OR CORPORATIONS OF SUCH AUTHORITY, AND CONTRACTORS  OF  THE
 COUNTIES  OF  NASSAU AND SUFFOLK ENGAGED IN PROVIDING PUBLIC TRANSPORTA-
 TION SHALL MODIFY ALL ATTENDANCE-BASED DISCIPLINARY  POLICIES  CURRENTLY
 IN  EFFECT  TO COMPLY WITH THIS SECTION WITHIN NINETY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.

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