STATE OF NEW YORK
________________________________________________________________________
6525--B
IN SENATE
January 22, 2016
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- reported favorably from said committee and committed to the Commit-
tee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil service law, in relation to transfer of sick
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. Transfer of sick time. 1. For purposes of this section, the
4 following terms shall have the following meanings:
5 (a) "donor" shall mean an individual who donates sick time to a fellow
6 employee;
7 (b) "recipient" shall mean an individual who receives donated sick
8 time from a fellow employee;
9 (c) "fellow employee" shall mean an individual employed under the
10 jurisdiction of the same civil service commission as another;
11 (d) "state commission" shall have the same meaning as defined in
12 subdivision one of section two of this chapter; and
13 (e) "municipal commission" shall have the same meaning as defined in
14 subdivision four of section two of this chapter.
15 2. Every public officer, employee of this state, employee of any coun-
16 ty, employee of any community college, employee of any public authority,
17 employee of any public benefit corporation, employee of any board of
18 cooperative educational services (BOCES), employee of any vocational
19 education and extension board, or a school district enumerated in
20 section one of chapter five hundred sixty-six of the laws of nineteen
21 hundred sixty-seven, employee of any municipality, employee of any
22 school district or any employee of a participating employer in the New
23 York state and local employees' retirement system or any employee of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10147-08-6
S. 6525--B 2
1 participating employer in the New York state teachers' retirement system
2 shall be entitled to transfer or receive sick time from a fellow employ-
3 ee.
4 3. In order to transfer such sick time the following restrictions
5 shall apply:
6 (a) An employee under the jurisdiction of the state commission shall
7 only be permitted to receive donated sick time from a fellow employee
8 under the jurisdiction of the state commission;
9 (b) An employee under the jurisdiction of any municipal commission
10 shall only be permitted to receive donated sick time from a fellow
11 employee under the jurisdiction of the same municipal commission;
12 (c) An employee under the jurisdiction of a school district shall only
13 be permitted to receive donated sick time from a fellow employee under
14 the jurisdiction of the same school district;
15 (d) A recipient shall only be permitted to receive and use donated
16 sick time from a fellow employee if such recipient has exhausted all
17 personal sick time. Personal sick time shall be deemed exhausted when an
18 employee has a balance of zero hours or less than the number of hours
19 necessary to complete approved sick leave; and
20 (e) An employer may reserve the right to require that employees
21 provide a written referral from a physician or other duly authorized
22 health care provider or proof of familial emergency for such sick leave
23 to be approved.
24 4. Nothing in this section shall be deemed to supersede or diminish
25 the terms, rights, privileges, or remedies of any employee under any
26 collective bargaining agreement or employment contract.
27 § 2. This act shall take effect immediately.