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A05782 Summary:

BILL NOA05782
 
SAME ASSAME AS S06078-A
 
SPONSORJoyner
 
COSPNSRBurgos, Septimo, Thiele, Simon, Lavine, Durso, DeStefano, Gandolfo, Colton, Sillitti, Jackson
 
MLTSPNSR
 
Add §1279-m, Pub Auth L
 
Relates to attendance policies for employees of the metropolitan transportation authority or contractors of Nassau and Suffolk counties providing public transportation regarding time off for medical services and court appearances.
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A05782 Actions:

BILL NOA05782
 
03/23/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
01/10/2024enacting clause stricken
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A05782 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5782
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT  to amend the public authorities law, in relation to protections
          for employees of the metropolitan transportation authority or contrac-
          tors of Nassau and Suffolk counties providing public transportation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public  authorities  law  is amended by adding a new
     2  section 1279-m to read as follows:
     3    § 1279-m. Transportation carrier employee attendance policies. 1.  For
     4  the purposes of this section, "employee" means a person employed by  the
     5  metropolitan  transportation authority, a subordinate agency, authority,
     6  or corporation of such authority, or a contractor  of  the  counties  of
     7  Nassau and Suffolk providing public transportation.
     8    2.  No  employee shall be subject to disciplinary action by the metro-
     9  politan transportation authority, a subordinate  agency,  authority,  or
    10  corporation of such authority, or a contractor of the counties of Nassau
    11  and  Suffolk  engaged  in  providing public transportation for any docu-
    12  mented paid or unpaid period of absence  from  their  position  if  such
    13  period of absence is directly related to the following:
    14    (a) On-duty or off-duty injury;
    15    (b) Occupationally related or non-occupationally related illness;
    16    (c) Contagious or non-contagious infection;
    17    (d) Chronic medical condition; or
    18    (e) Any appointment with a doctor, surgeon, dentist, or other licensed
    19  treatment  provider  in connection with the diagnosis or treatment of an
    20  on-duty or off-duty injury, occupationally related or non-occupationally
    21  related illness, contagious or non-contagious infection, and/or  chronic
    22  medical condition.
    23    3.  The  metropolitan  transportation authority, subordinate agencies,
    24  authorities, or corporations of such authority, and contractors  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09937-01-3

        A. 5782                             2
 
     1  counties  of  Nassau and Suffolk engaged in providing public transporta-
     2  tion shall not:
     3    (a) Take any actions which may inhibit the ability of an employee from
     4  seeking  diagnostic  and/or treatment services for any of the conditions
     5  listed in subdivision two of this section. Such actions include, but are
     6  not limited to, requiring such employees to remain  at  their  place  of
     7  residence  and  penalizing such employees for the purposes of preventing
     8  such employees from  receiving  in-person  diagnostic  and/or  treatment
     9  services  by  a  licensed  doctor,  surgeon, pharmacist, dentist, or any
    10  other licensed provider of such services;
    11    (b) Subject an employee to any  disciplinary  action  for  failure  to
    12  report  for  duty  during  a state of emergency declared by the governor
    13  pursuant to executive order during which access to the interstate  high-
    14  ways  within  the  counties of Suffolk, Nassau, Queens, Kings, Richmond,
    15  New York, Bronx, Westchester, Putnam, Dutchess,  Rockland,  Orange,  and
    16  Ulster are restricted pursuant to an order of a law enforcement agency;
    17    (c) Apply any lateness or period of absence of an employee towards any
    18  policy  on  employee  attendance during a state of emergency declared by
    19  the governor pursuant to executive order; or
    20    (d) Subject an employee to disciplinary action for failure  to  report
    21  for  duty  as  a  result  of such employee being compelled by summons or
    22  subpoena to appear in either a federal court  or  any  court  under  the
    23  unified  court  system  of  the state of New York as either a defendant,
    24  plaintiff, or witness in any legal proceeding. This paragraph shall also
    25  apply to depositions in connection with a legal  action  in  which  such
    26  employee has been compelled by subpoena to give testimony.
    27    4.  The  metropolitan  transportation authority, subordinate agencies,
    28  authorities, or corporations of such authority, and contractors  of  the
    29  counties  of  Nassau and Suffolk engaged in providing public transporta-
    30  tion shall modify all attendance-based disciplinary  policies  currently
    31  in  effect  to comply with this section within ninety days of the effec-
    32  tive date of this section.
    33    § 2. This act shall take effect immediately.
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