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A02597 Summary:

BILL NOA02597
 
SAME ASSAME AS S01618
 
SPONSORFall
 
COSPNSRDarling, Simon, O'Donnell
 
MLTSPNSR
 
Add 92-e, Gen Muni L
 
Provides line of duty sick leave for first responders who are diagnosed with or display symptoms of a pandemic virus.
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A02597 Actions:

BILL NOA02597
 
01/19/2021referred to governmental employees
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A02597 Memo:

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.
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A02597 Text:



 
                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.
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