STATE OF NEW YORK
________________________________________________________________________
2317--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. SIMON, COOK -- Multi-Sponsored by -- M. of A.
REYES -- read once and referred to the Committee on Governmental
Employees -- recommitted to the Committee on Governmental Employees in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the civil service law, in relation to use of accrued
sick time, compensation time or vacation time
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 159-d to read as follows:
3 § 159-d. Payment in lieu of workers' compensation payments. 1. Any
4 public officer, employee of the state, county, community college, public
5 authority, public benefit corporation, board of cooperative educational
6 services (BOCES), vocational education and extension board, or a school
7 district enumerated in section one of chapter five hundred sixty-six of
8 the laws of nineteen hundred sixty-seven, municipality, school district
9 or any employee of a participating employer in the New York state and
10 local employees' retirement system or any employee of a participating
11 employer in the New York state teachers' retirement system who is
12 required to serve a waiting period pursuant to the workers' compensation
13 law, or who is not receiving indemnity benefits as a result of the
14 controversion of their claim, may use any accrued time, including but
15 not limited to, sick time, compensation time, personal time, or vacation
16 time, during such waiting period. An employer shall not require an
17 employee to utilize any accrued time during such waiting period or peri-
18 od of controversion.
19 2. Where an employee has used accrued time, including but not limited
20 to sick time, compensation time, personal time or vacation time, and it
21 is subsequently determined that no waiting period is required, or the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01012-03-2
A. 2317--A 2
1 employee is determined to have been entitled to benefits during a period
2 of controversion, the employee shall be entitled to full restoration of
3 time charged.
4 3. The provisions of this section shall not apply to any employee
5 subject to a collective bargaining agreement. An employee organization
6 may, pursuant to collective bargaining, opt in to the provisions of this
7 section on behalf of those public employees it is either certified or
8 recognized to represent, within the meaning of article fourteen of this
9 chapter, or may alternatively bargain for benefits greater or less than
10 those provided for by this section. An employee organization that has
11 opted in to the provisions of this section may, pursuant to collective
12 bargaining, opt out of it as is mutually agreed upon between the employ-
13 ee organization and any public employer.
14 4. Nothing set forth in this section shall be construed to impede,
15 infringe or diminish the rights and benefits that accrue to employees
16 and employers through collective bargaining agreements, or otherwise
17 diminish the integrity of the collective bargaining relationship.
18 § 2. This act shall take effect immediately.
