What's happening
This bill allows New York public employees on federal Family and Medical Leave Act leave to use their accrued sick and personal leave.
Why it matters
Gives public sector workers greater control over their paid time off. By allowing use of accrued sick/personal leave during unpaid FMLA, employees can maintain income while on federally protected leave, which reduces financial stress during major life events like illness or family care.
Standardizes benefits for government employees statewide. The bill ensures all public employees—from state agencies to school districts—have equal access to this right, addressing inconsistencies that may currently exist among different public employers.
Protects existing union agreements. The law explicitly defers to current collective bargaining agreements, meaning it cannot undermine or override more generous leave provisions that unions have negotiated, and will only apply once those agreements expire.
May improve workforce morale and retention. By making it easier for public employees to take paid leave when needed, the bill could help retain skilled workers and improve job satisfaction, especially for those balancing work and family responsibilities.
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Who cares
State and local government employees
Employees granted federal Family and Medical Leave Act leave would be allowed to use accrued, available sick and personal leave, except as otherwise provided by a valid collective bargaining agreement.
School districts and public authorities
These employers would have to authorize eligible employees to use accrued, available sick and personal leave for federally approved family and medical leave, subject to collective bargaining agreements.
Public employee unions
The bill would preserve collectively bargained rights and benefits and past practices, and would not supersede existing collective bargaining agreements during their terms.
Headline styles
Use Sick Leave for FMLA
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1703
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. HEVESI -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to allowing certain employees to utilize sick and personal leave when authorized to take leave under the federal Family and Medical Leave Act of 1993
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 202-n to read as follows:
§ 202-n. Family and Medical Leave Act; sick and personal leave. 1. Except as otherwise provided pursuant to a valid collective bargaining agreement, an employer shall authorize any employee who has been granted a leave of absence pursuant to the provisions of the federal Family and Medical Leave Act of 1993 (P.L. 103-3) to utilize any of such employee's accrued and available sick leave and/or personal leave for such leave.
2. For purposes of this section, "employer" shall mean the state, county, town, city, school district, public authority or other governmental subdivision of any kind in the state of New York.
§ 2. Nothing in this act shall be construed to impede, infringe or diminish the rights and benefits which accrue to employees through bona fide collective bargaining agreements, or otherwise diminish the integrity of existing collective bargaining agreements and other past practices.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law; provided however, the provisions of this act shall not supersede any collective bargaining agreement, during its term, in existence on the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02484-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.