STATE OF NEW YORK
________________________________________________________________________
730
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. MONTGOMERY, COMRIE, PERSAUD -- read twice and
ordered printed, and when printed to be committed to the Committee on
Civil Service and Pensions
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-d to read as follows:
3 § 159-d. Payment in lieu of workers' compensation payments. 1. Every
4 public officer, employee of this state, county, community college,
5 public authority, public benefit corporation, board of cooperative
6 educational services (BOCES), vocational education and extension board,
7 school district enumerated in section one of chapter five hundred
8 sixty-six of the laws of nineteen hundred sixty-seven, municipality,
9 school district or participating employer in the New York state and
10 local employees' retirement system or a participating employer in the
11 New York state teachers' retirement system who has suffered a work
12 related injury shall be entitled to use accrued sick time, compensation
13 time or vacation time where any such employee is injured but has not yet
14 become covered under the provisions of the workers' compensation law.
15 2. The provisions of this section shall not apply to any employees
16 subject to a collective bargaining agreement as of the effective date of
17 this section. An employee organization may, pursuant to collective
18 bargaining, opt in to the provisions of this section on behalf of those
19 public employees it is either certified or recognized to represent,
20 within the meaning of article fourteen of this chapter, or may alterna-
21 tively bargain for benefits greater or less than those provided for by
22 this section. An employee organization that has opted in to the
23 provisions of this section may, pursuant to collective bargaining, opt
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01509-01-9
S. 730 2
1 out of it as is mutually agreed upon between the employee organization
2 and any public employer.
3 3. Nothing set forth in this section shall be construed to impede,
4 infringe or diminish the rights and benefits that accrue to employees
5 and employers through collective bargaining agreements, or otherwise
6 diminish the integrity of the collective bargaining relationship.
7 § 2. This act shall take effect immediately.
