S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4484
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Governmental Employees
 
 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  SUCH INDIVIDUAL'S
 EMPLOYER A WRITTEN REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED  LINE
 OF  DUTY SICK LEAVE COMMENCING ON THE DATE THAT SUCH OFFICER OR EMPLOYEE
 WAS DIAGNOSED WITH OR BEGAN DISPLAYING SYMPTOMS OF THE  PANDEMIC  VIRUS.
 SUCH  OFFICER  OR  EMPLOYEE  SHALL  BE  COMPENSATED AT SUCH OFFICER'S OR
 EMPLOYEE'S REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH
 SUCH OFFICER OR EMPLOYEE IS ABSENT FROM WORK DUE TO  SUCH  OFFICER'S  OR
 EMPLOYEE'S  DIAGNOSIS  OR SYMPTOMS OF A PANDEMIC VIRUS. SUCH LEAVE SHALL
 BE PROVIDED WITHOUT LOSS OF AN  OFFICER'S  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08703-01-5
 A. 4484                             2
              

 
 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.
   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 SUCH INDI-
 VIDUAL'S EMPLOYER A WRITTEN REQUEST FOR LINE  OF  DUTY  SICK  LEAVE,  BE
 GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOY-
 EE  WAS  DIAGNOSED  WITH  OR  BEGAN  DISPLAYING SYMPTOMS OF THE PANDEMIC
 VIRUS. SUCH OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT  SUCH  OFFICER'S
 OR  EMPLOYEE'S  REGULAR  RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING
 WHICH SUCH OFFICER OR EMPLOYEE IS ABSENT FROM WORK DUE TO SUCH OFFICER'S
 OR EMPLOYEE'S 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.
   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 SUCH APPOINTEE'S PROBATION-
 ARY  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 OFFICER'S 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 SUCH OFFICER'S OR EMPLOYEE'S CLAIM FOR LINE  OF  DUTY  SICK
 LEAVE.  SUCH  WAIVER  SHALL  BE  IN  THE FORM REQUIRED BY THE RETIREMENT
 SYSTEM OF WHICH SUCH OFFICER OR EMPLOYEE IS A  MEMBER,  ALONG  WITH  THE
 APPLICATION  FOR LINE OF DUTY SICK LEAVE, WITH SUCH OFFICER'S OR EMPLOY-
 EE'S 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
 A. 4484                             3
 
 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
 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.