NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2597
SPONSOR: Fall 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 1.20
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.
"Adverse personal action," shall mean and discipline, including issuing
a notice of discipline, discharge, suspension, demotion, penalization or
discrimination against an employee utilizing line of duty sick leave.
"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.
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 75% 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 75% more than normal call-volume, and instead of the 50-70 cardiac
arrests per day, the current number tallies around 300. Police depart-
ments 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 federal
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 them-
selves the employee must be directed to go home and HR must be imme-
diately notified of the directive. 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:
Referred to Governmental Employees 05/22/2020
FISCAL IMPLICATIONS:
Yet to be determined
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2597
2021-2022 Regular Sessions
IN ASSEMBLY
January 19, 2021
___________
Introduced by M. of A. FALL, DARLING, SIMON, O'DONNELL -- 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:
1 Section 1. The general municipal law is amended by adding a new
2 section 92-e to read as follows:
3 § 92-e. Sick leave for officers and employees due to a pandemic virus.
4 1.(a) Notwithstanding any other law, rule or regulation to the contrary,
5 any police officer as defined by subdivision thirty-four of section 1.20
6 of the criminal procedure law, member of an organized fire company or
7 fire department of a city, town, village or fire district, emergency
8 medical technician or advanced emergency medical technician as such
9 terms are defined by section three thousand one of the public health
10 law, or paramedic who was exposed or came into contact with a pandemic
11 virus and such individual tests positive for, or displays symptoms of,
12 such pandemic virus, shall, after submitting to his or her employer a
13 written request for line of duty sick leave, be granted line of duty
14 sick leave commencing on the date that such employee was diagnosed with
15 or began displaying symptoms of the pandemic virus. Such officer or
16 employee shall be compensated at his or her regular rate of pay for
17 those regular work hours during which such officer or employee is absent
18 from work due to his or her diagnosis or symptoms of a pandemic virus.
19 Such leave shall be provided without loss of an officer or employee's
20 accrued sick leave.
21 (b) An employer shall not take any adverse personnel action against an
22 employee regarding such employee's employment because either (i) such
23 employee utilizes, or requests to utilize, sick leave or any other
24 available leave due to a pandemic virus, or (ii) such employee utilizes
25 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.
LBD06052-01-1
A. 2597 2
1 2. (a) Notwithstanding any other law, rule or regulation to the
2 contrary, any police officer as defined by subdivision thirty-four of
3 section 1.20 of the criminal procedure law, member of an organized fire
4 company or fire department of a city, town, village or fire district,
5 emergency medical technician or advanced emergency medical technician as
6 such terms are defined by section three thousand one of the public
7 health law, or paramedic, who do not receive benefits similar to those
8 provided by this section pursuant to a collectively bargained agreement,
9 section 14-122.1 of the administrative code of the city of New York,
10 section 15-108.1 of the administrative code of the city of New York, or
11 other statutory provision and who was exposed or came into contact with
12 a pandemic virus and such individual tests positive for or displays
13 symptoms of such pandemic virus, shall, after submitting to his or her
14 employer a written request for line of duty sick leave, be granted line
15 of duty sick leave commencing on the date that such employee was diag-
16 nosed with or began displaying symptoms of the pandemic virus. Such
17 officer or employee shall be compensated at his or her regular rate of
18 pay for those regular work hours during which such officer or employee
19 is absent from work due to his or her diagnosis or symptoms of a pandem-
20 ic virus. Such leave shall be provided without loss of an officer or
21 employee's accrued sick leave.
22 (b) An employer shall not take any adverse personnel action against an
23 employee regarding such employee's employment because either (i) such
24 employee utilizes, or requests to utilize, sick leave or any other
25 available leave due to a pandemic virus, or (ii) such employee utilizes
26 or requests to utilize line of duty sick leave provided by this section.
27 3. Nothing in this section shall limit an employer's power pursuant to
28 any other provision of law to discipline an officer or employee by
29 termination, reduction of salary, or any other appropriate measure; to
30 terminate an appointee who has not completed his or her probationary
31 term; and to apply for ordinary or accident disability retirement for an
32 officer or employee.
33 4. A request for line of duty sick leave shall be in writing and
34 include a waiver of the protection afforded to the officer or employee
35 pursuant to the health insurance portability and accountability act to
36 allow disclosure of the officers or employee's exposure or contact with
37 a pandemic virus and such police officer's or employee's positive test
38 for such pandemic virus and any medical records concerning such offi-
39 cer's or employee's notice of exposure or contact with such pandemic
40 virus and such police officer's or employee's positive test for such
41 pandemic virus in the possession of the retirement system in which such
42 officer or employee is a member for the purpose of reviewing, processing
43 and auditing his or her claim for line of duty sick leave. Such waiver
44 shall be in the form required by the retirement system of which he or
45 she is a member, along with the application for line of duty sick leave,
46 with his or her employer.
47 5. For the purposes of this section, the following terms shall have
48 the following meanings:
49 (a) "Adverse personnel action" shall mean any discipline, including
50 issuing a notice of discipline, discharge, suspension, demotion, penali-
51 zation, or discrimination against an employee utilizing line of duty
52 sick leave pursuant to paragraph (a) of subdivision one or subdivision
53 two of this section.
54 (b) "Cost" shall mean the number of days of sick leave that must be
55 restored to an officer or employee pursuant to subdivision one or two of
56 this section multiplied by such officer or employee's wage rate at the
A. 2597 3
1 time that such sick leave for which reimbursement is being sought was
2 taken.
3 (c) "Pandemic virus" shall mean a virus (i) that is classified as a
4 pandemic by the World Health Organization; and (ii) which causes the
5 governor to declare a state declaration of disaster emergency pursuant
6 to section twenty-eight of the executive law.
7 § 2. The state shall reimburse any public authority or municipal
8 corporation of less than one million people for the cost of any line of
9 duty sick leave granted pursuant to this act.
10 § 3. This act shall take effect immediately.
