Prohibits public employers from taking retaliatory adverse personnel actions against employees who use sick leave or compensatory time to quarantine, seek medical treatment, or for other absences related to COVID-19.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4063A
SPONSOR: Abbate TITLE OF BILL:
An act to amend the civil service law, in relation to prohibiting public
employers from retaliating against employees for absences related to
COVID-19
PURPOSE:
Prohibits public employers from dismissing or taking other adverse
disciplinary/personnel actions against a public employee related to
absences related to COVID-19.
SUMMARY OF PROVISIONS:
Amends subdivision 2 of section 75-b of the civil service law by adding
a new section (b).
EXISTING LAW:
Various NYS Laws, including The Taylor Law and provisions of collective
bargaining agreements set many terms for leave policies across' the
state, city, and local and other government agencies.
JUSTIFICATION:
"No one should have to make the impossible choice between losing their
job or providing for their family and going to work, especially during
this pandemic."
Clearly, the New York City Department of Corrections has a different
policy on how to handle employee leaves of absence during the global
pandemic that is COVID-19. With over 1400 staff, both uniformed and
non-uniformed, confirmed with Covid-19, the Department has chosen to
take adverse discipline/personnel actions against over 800 employees who
have been out sick fighting the effects of this highly contagious
illness.
Our own New York State Department of Health's directive for return to
work after illness or exposure to Covid-19 recommends anywhere from 10
to 14 days free from symptoms or exposure before returning to work.
While currently these adverse actions seem to be isolated to the Admin-
istration of NYC Corrections, the sponsors of this bill want to prevent
this from happening to other public employees by amending the civil
service law to ban such anti-worker, anti-health, anti-public policy
measures.
LEGISLATIVE HISTORY:
2020 Session - new bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately and deemed in effect as of January 1, 2020.
Governor Andrew M. Cuomo https://www.governor.
ny.govinews/governorcuomo-signs-bill- guarantee-paid-leave-new-
yorkersunder-mandatory-orprecautionary
(https://wwwl.nyc.gov/assets/boc/downloads/pdf/
covid-19/B0C-Weekly-Report-10-10-10-16- 20.pdf)
Link to article on Hikers Island employees being inappropriately disci-
plined for COVID-19 absences:
https://www.nydailynews.cominew-york/ny- coronavirus-sick-nyc-correc-
tion-officers- punished-20201025-2p
STATE OF NEW YORK
________________________________________________________________________
4063--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to prohibiting public
employers from retaliating against employees for absences related to
COVID-19
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-c to read as follows:
3 § 159-c. Prohibition of retaliation for use of sick leave due to
4 COVID-19; public employers. A public employer shall not dismiss or take
5 other disciplinary or other adverse personnel action against a public
6 employee regarding the employee's employment, including designating the
7 employee as chronically absent, because the employee uses sick leave or
8 compensatory time to quarantine, convalesce, seek medical treatment, or
9 engage in other activities related to a COVID-19 diagnosis or contact.
10 § 2. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after March 1, 2020.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08048-03-1
