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A03354 Summary:

BILL NOA03354B
 
SAME ASSAME AS S02588-A
 
SPONSORFall
 
COSPNSRAbbate, Sillitti, Simon, Thiele, Rajkumar, Epstein, Gottfried, Aubry, Jackson, Seawright, Taylor, Bichotte Hermelyn, Meeks, Zinerman, Weprin, Rosenthal L, Forrest, Rosenthal D
 
MLTSPNSR
 
Add §159-c, Civ Serv L; add §196-c, Lab L
 
Grants time off for public employees to receive a COVID-19 vaccination.
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A03354 Actions:

BILL NOA03354B
 
01/22/2021referred to governmental employees
01/28/2021amend (t) and recommit to governmental employees
01/28/2021print number 3354a
01/29/2021amend and recommit to governmental employees
01/29/2021print number 3354b
02/02/2021reported referred to ways and means
02/03/2021reported referred to rules
02/03/2021reported
02/03/2021rules report cal.16
02/03/2021ordered to third reading rules cal.16
02/03/2021motion to amend lost
02/03/2021passed assembly
02/03/2021delivered to senate
02/03/2021REFERRED TO CIVIL SERVICE AND PENSIONS
03/01/2021SUBSTITUTED FOR S2588A
03/01/20213RD READING CAL.304
03/01/2021PASSED SENATE
03/01/2021RETURNED TO ASSEMBLY
03/12/2021delivered to governor
03/12/2021signed chap.77
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A03354 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3354--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M. of A. FALL, ABBATE, SILLITTI, SIMON, THIELE, RAJKUMAR
          -- read once and referred to the Committee on  Governmental  Employees
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee
 
        AN ACT to amend the civil service law and the labor law, in relation  to
          leave  time  for COVID-19 vaccination; and providing for the repeal of
          such provisions upon expiration thereof
 
          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. Leave time for COVID-19 vaccination. 1. Every public officer,
     4  employee of this state, employee of any county, employee of any communi-
     5  ty college, employee of any public authority,  employee  of  any  public
     6  benefit  corporation,  employee  of any board of cooperative educational
     7  services (BOCES), employee of any  vocational  education  and  extension
     8  board,  or  a  school district enumerated in section one of chapter five
     9  hundred sixty-six of the laws of nineteen hundred sixty-seven,  employee
    10  of  any municipality, employee of any school district or any employee of
    11  a participating employer in the New  York  state  and  local  employees'
    12  retirement system or any employee of a participating employer in the New
    13  York  state  teachers'  retirement  system  shall  be entitled to absent
    14  himself or herself and shall be deemed to have a paid leave  of  absence
    15  from  his  or her duties or service for a sufficient period of time, not
    16  to exceed four hours per  vaccine  injection,  unless  such  officer  or
    17  employee  shall  receive a greater number of hours pursuant to a collec-
    18  tively bargained agreement or as otherwise authorized by  the  employer,
    19  to be vaccinated for COVID-19.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08673-08-1

        A. 3354--B                          2
 
     1    2.  The entire period of the leave of absence granted pursuant to this
     2  section shall be excused leave and shall  not  be  charged  against  any
     3  other leave such public officer or employee is otherwise entitled to.
     4    3. Nothing in this section shall be deemed to impede, infringe, dimin-
     5  ish or impair the rights of a public employee or employer under any law,
     6  rule, regulation or collectively negotiated agreement, or the rights and
     7  benefits  which accrue to employees through collective bargaining agree-
     8  ments, or otherwise diminish the integrity of  the  existing  collective
     9  bargaining agreement.
    10    § 2. The labor law is amended by adding a new section 196-c to read as
    11  follows:
    12    §  196-c. Leave time for COVID-19 vaccination. 1. Every employee shall
    13  be provided a paid leave of absence from  his  or  her  employer  for  a
    14  sufficient  period  of  time,  not  to  exceed  four  hours  per vaccine
    15  injection, unless such employee shall receive a greater number of  hours
    16  pursuant  to  a collectively bargained agreement or as otherwise author-
    17  ized by the employer, to be vaccinated for COVID-19.
    18    2. The entire period of the leave of absence granted pursuant to  this
    19  section  shall  be  provided  at  the employee's regular rate of pay and
    20  shall not be charged against any other leave such employee is  otherwise
    21  entitled  to, including sick leave pursuant to section one hundred nine-
    22  ty-six-b of this article, or any leave provided pursuant to a collective
    23  bargaining agreement.
    24    3. The provisions of this  section  may  be  waived  by  a  collective
    25  bargaining  agreement,  provided  that  for  such waiver to be valid, it
    26  shall explicitly reference this section of law.
    27    § 3. No employer or his or her agent, or the officer or agent  of  any
    28  corporation,  partnership,  or  limited  liability company, or any other
    29  person, shall discharge, threaten, penalize,  or  in  any  other  manner
    30  discriminate or retaliate against any employee because such employee has
    31  exercised  his or her rights afforded under this act, including, but not
    32  limited to, requesting or obtaining a leave of absence to be  vaccinated
    33  for COVID-19.
    34    §  4.  This  act shall take effect immediately and shall expire and be
    35  deemed repealed December 31, 2022.
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