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S10350 Summary:

BILL NOS10350A
 
SAME ASSAME AS A01202-A
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Add §159-e, Civ Serv L
 
Relates to use of accrued sick time, compensation time or vacation time.
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S10350 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10350--A
 
                    IN SENATE
 
                                      May 14, 2026
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        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-e to read as follows:
     3    § 159-e.  Authorization to use accrued time  during  certain  required
     4  waiting  periods.  1. Any public officer, employee of the state, county,
     5  community college, public authority, public benefit  corporation,  board
     6  of  cooperative  educational  services (BOCES), vocational education and
     7  extension board, or a school district enumerated in section one of chap-
     8  ter five hundred sixty-six of the laws of nineteen hundred  sixty-seven,
     9  municipality, school district or any employee of a participating employ-
    10  er  in  the New York state and local employees' retirement system or any
    11  employee of a participating employer in the  New  York  state  teachers'
    12  retirement  system who is required to serve a waiting period pursuant to
    13  section twelve of the workers' compensation law, or who is not receiving
    14  indemnity benefits as a result of the controversion of their claim,  may
    15  use  any  accrued time, including but not limited to, sick time, compen-
    16  sation time, personal time, or vacation time, during such waiting  peri-
    17  od.  An  employer  shall  not require an employee to utilize any accrued
    18  time during such waiting period or period 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
    22  employee is determined to have been entitled to benefits during a period
    23  of  controversion, the employee shall be entitled to full restoration of
    24  time charged.
    25    3. The provisions of this section shall  not  apply  to  any  employee
    26  subject  to  a collective bargaining agreement. An employee organization
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02733-04-6

        S. 10350--A                         2

     1  may, pursuant to collective bargaining, opt in to the provisions of this
     2  section on behalf of those public employees it is  either  certified  or
     3  recognized  to represent, within the meaning of article fourteen of this
     4  chapter,  or may alternatively bargain for benefits greater or less than
     5  those provided for by this section. An employee  organization  that  has
     6  opted  in  to the provisions of this section may, pursuant to collective
     7  bargaining, opt out of it if it is  mutually  agreed  upon  between  the
     8  employee organization and any public employer.
     9    4.  Nothing  set  forth  in this section shall be construed to impede,
    10  infringe or diminish the rights and benefits that  accrue  to  employees
    11  and  employers  through  collective  bargaining agreements, or otherwise
    12  diminish the integrity of the collective bargaining relationship.
    13    § 2. This act shall take effect immediately.
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