NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1202A
SPONSOR: Simon (MS) TITLE OF BILL:
An act to amend the civil service law, in relation to use of accrued
sick time, compensation time or vacation time
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds section 169-d to the civil service law to permit public
sector workers and certain public sector workers in contract with the
state to use any accrued sick time, vacation time, personal time, or
other compensation time during a waiting period for their workers'
compensation. If it is determined that a worker does not need a waiting
period after they have used accrued time off, the employee is entitled
to have their accrued time they took off fully restored. Lastly, work-
ers who are already covered by a collective bargaining agreement can opt
out of this law.
Section 2. This act shall take effect immediately.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended bill changes proposed subdivision heading from "Payment in
lieu of workers' compensation payments" to "Authorization to use accrued
time during certain required waiting periods." It also specifies that
the required waiting period is pursuant to section twelve of the work-
er's compensation law.
JUSTIFICATION:
Current civil service policy is inconsistent among various public
employees on whether a public employee who suffers a work-related injury
may take various leave time prior to the commencement of a claim under
workers' compensation. In addition, these injured civil servants who are
prevented from working do not receive any financial relief from the
Workers' Compensation Board until their case has been established and
benefits are approved. This application and approval process, which can
take up to six months or longer, presents a tremendous hardship for
out-of-work employees who are unable to use the time they accrued while
working and healthy. This legislation is intended to correct this inequ
ity.
PRIOR LEGISLATIVE HISTORY:
2023-22: A.1705 Simon -referred to governmental employees
2021-2022: A.2317 Simon/S.6328 Ramos -amended and recommitted to govern-
mental employees
2019-2020: S730 (Montgomery)- Referred to Senate Civil Services and
Pensions committee
2017-2018: S3726 (Montgomery)- Referred to Senate Civil Services and
Pensions committee
2015-2016: S5262 (Montgomery) - Referred to Senate Civil Services and
Pensions committee
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
this act shall take effect immediately
