NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7876
SPONSOR: Simon TITLE OF BILL:
An act to amend the civil service law, in relation to excused absence of
a public employee for mental health purposes
PURPOSE OR GENERAL IDEA OF BILL:
This bill would permit public employees to take time off for mental
health purposes without it being allotted from existing sick time.
SUMMARY OF PROVISIONS:
Section 1: The civil service law is amended by adding a new section
159-c to allow paid leave for all public officers for the purpose of
mental or behavioral health. Absence taken for such purposes shall not
be charged to the sick time allotted for such employee.
Section 2: This act shall take effect immediately.
JUSTIFICATION:
So far, in 2019, 9 officers - former and current - have committed
suicide. That number is close to the total number of officer suicides
last year: 10. A study by the National Law Enforcement Officers Memorial
Fund found that more officers lose their lives to suicide in the past
three years than in the line of duty.
This stigma against seeking help for mental and behavioral health needs
to end. These illnesses are on the rise throughout the country - and by
allowing for paid time off towards addressing these issues, we will be
opening up time for them to seek help.
Public officers in every sector - from school districts to statewide
employees - have stressful jobs. This legislation will pave the way in
addressing mental health the same way we address physical health. These
allotted days off acts merely as a precursor for more change to come. WE
also need to revolutionize access and affordability to the healthcare
that individuals can take within this time off.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A2308 Fernandez -referred to governmental employees
2020: A8563 Fernandez S8962 Badly -referred to governmental employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
to be decided
EFFECTIVE DATE:
this act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7876
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to excused absence of
a public employee for mental health purposes
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-e to read as follows:
3 § 159-e. Excused leave for mental or behavioral health. 1. Every
4 public officer, employee of this state, employee of any county, employee
5 of any community college, employee of any public authority, employee of
6 any public benefit corporation, employee of any board of cooperative
7 educational services (BOCES), employee of any vocational education and
8 extension board, or a school district enumerated in section one of chap-
9 ter five hundred sixty-six of the laws of nineteen hundred sixty-seven,
10 employee of any municipality, employee of any school district, any
11 employee of a participating employer in the New York state and local
12 employees' retirement system or any employee of a participating employer
13 in the New York state teachers' retirement system shall be entitled to
14 absent himself or herself and shall be deemed to have a paid leave of
15 absence from his or her duties or service as such public officer,
16 employee of this state, employee of any county, employee of any communi-
17 ty college, employee of any public authority, employee of any public
18 benefit corporation, employee of any board of cooperative educational
19 services (BOCES), employee of any vocational education and extension
20 board, or a school district enumerated in section one of chapter five
21 hundred sixty-six of the laws of nineteen hundred sixty-seven, employee
22 of any municipality, employee of any school district, any employee of a
23 participating employer in the New York state and local employees'
24 retirement system or any employee of a participating employer in the New
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05526-01-3
A. 7876 2
1 York state teachers' retirement system for the purpose of mental or
2 behavioral health.
3 2. Absence for the mental or behavioral health pursuant to this
4 section shall not be charged to the sick time allotted for such employ-
5 ee.
6 § 2. This act shall take effect immediately.
