STATE OF NEW YORK
________________________________________________________________________
3701
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. BENDETT -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the general municipal law, in relation to allowing first
responders who are diagnosed with post-traumatic stress disorder to
request line of duty sick leave
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 first responders with PTSD. 1. Notwithstanding
4 any other law, rule, or regulation to the contrary, a first responder
5 including a firefighter, police officer, or emergency medical personnel
6 who is an employee of the state, a public authority, or any municipal
7 corporation, who is diagnosed with post-traumatic stress disorder by a
8 psychiatrist licensed pursuant to article one hundred thirty-one of the
9 education law which arises from such first responder's performance of
10 his or her duties, shall, after submitting a written request for line of
11 duty sick leave, be granted line of duty sick leave commencing on the
12 date that such first responder was diagnosed with post-traumatic stress
13 disorder. The first responder shall be compensated at his or her regular
14 rate of pay for those regular work hours during which such first respon-
15 der is absent from work due to his or her diagnosed post-traumatic
16 stress disorder. Such leave shall be provided without the loss of the
17 first responder's accrued sick leave or vacation leave.
18 2. An employer shall not take any adverse personnel action against a
19 first responder regarding such first responder's employment because
20 either (i) the first responder utilizes, or requests to utilize, sick
21 leave or any other available leave due to diagnosed post-traumatic
22 stress disorder, or (ii) the first responder utilizes or requests to
23 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.
LBD06262-01-3
A. 3701 2
1 3. For purposes of this section, an "adverse personnel action" means
2 any discipline, including issuing a notice of discipline, discharge,
3 suspension, demotion, penalization, or discrimination against an employ-
4 ee utilizing line of duty sick leave pursuant to subdivision one of this
5 section.
6 § 2. The state shall reimburse any public authority or municipal
7 corporation of less than one million people for the cost of any line of
8 duty sick leave granted pursuant to this act.
9 § 3. This act shall take effect immediately; provided, however, that
10 any employee who is currently employed by the state, public authority,
11 or municipal corporation who has been diagnosed with post-traumatic
12 stress disorder and is using sick leave due to such disorder shall
13 receive a restoration of such sick leave retroactive to the date such
14 employee was diagnosed with post-traumatic stress disorder.
