What's happening
This bill allows New York public employees to transfer or receive sick time from fellow employees under certain conditions.
Why it matters
Expands flexibility for public sector workers. by allowing employees facing serious illness or family emergencies to access additional paid sick time from colleagues, which could help prevent income loss during crises.
Creates safeguards and limits. such as requiring recipients to exhaust their own sick time first and restricting transfers to employees within the same jurisdiction or district—to help prevent abuse and maintain administrative clarity.
Permits employers to require documentation. (like a doctor’s note or proof of emergency) before approving use of donated sick time, balancing employee needs with oversight to ensure legitimacy.
Preserves protections in union contracts. by explicitly stating that these new provisions cannot override existing collective bargaining agreements, ensuring current negotiated rights remain intact.
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Who cares
State and municipal employees
The bill would let them donate or receive sick time within the same civil service commission’s jurisdiction, with recipients eligible only after exhausting their own sick time.
School district employees
The bill would allow them to receive donated sick time only from fellow employees in the same school district after exhausting their own sick time.
Public employers
The bill would allow employers to require a written referral from a physician or other authorized health care provider, or proof of a familial emergency, to approve sick leave.
Public employee unions
The bill would preserve employees’ existing terms, rights, privileges and remedies under collective bargaining agreements.
Headline styles
Let Workers Share Sick Time
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.107
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Workers to Share Sick Time
In Assembly Committee · Governmental Employees · Sponsor Michael DenDekker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1442
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to transfer of sick time
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil service law is amended by adding a new section 159-c to read as follows:
§ 159-c. Transfer of sick time. 1. For purposes of this section, the following terms shall have the following meanings:
(a) "donor" shall mean an individual who donates sick time to a fellow employee;
(b) "recipient" shall mean an individual who receives donated sick time from a fellow employee;
(c) "fellow employee" shall mean an individual employed under the jurisdiction of the same civil service commission as another;
(d) "state commission" shall have the same meaning as defined in subdivision one of section two of this chapter; and
(e) "municipal commission" shall have the same meaning as defined in subdivision four of section two of this chapter.
2. Every public officer, employee of this state, employee of any county, employee of any community college, employee of any public authority, employee of any public benefit corporation, employee of any board of cooperative educational services (BOCES), employee of any vocational education and extension board, or a school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, employee of any municipality, employee of any school district or any employee of a participating employer in the New York state and local employees' retirement system or any employee of a participating employer in the New York state teachers' retirement system
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06143-01-9
S. 1442 2
shall be entitled to transfer or receive sick time from a fellow employee.
3. In order to transfer such sick time the following restrictions shall apply:
(a) An employee under the jurisdiction of the state commission shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the state commission;
(b) An employee under the jurisdiction of any municipal commission shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the same municipal commission;
(c) An employee under the jurisdiction of a school district shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the same school district;
(d) A recipient shall only be permitted to receive and use donated sick time from a fellow employee if such recipient has exhausted all personal sick time. Personal sick time shall be deemed exhausted when an employee has a balance of zero hours or less than the number of hours necessary to complete approved sick leave; and
(e) An employer may reserve the right to require that employees provide a written referral from a physician or other duly authorized health care provider or proof of familial emergency for such sick leave to be approved.
4. Nothing in this section shall be deemed to supersede or diminish the terms, rights, privileges, or remedies of any employee under any collective bargaining agreement or employment contract.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to transfer of sick time
Purpose
To establish that every public employee shall be entitled to transfer sick time to fellow employees.
Summary of provisions
Section 1 amends the civil service law by adding a new section 159-d providing public employees can transfer sick time to fellow employees. An employee under the jurisdiction of the state civil service commission shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the state commission; an employee under the jurisdiction of a municipal civil service commission shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the same municipal commission; and an employee under the jurisdiction of a school district shall only be permitted to receive donated sick time from a fellow employee under the jurisdiction of the same school district. A recipient shall only be permitted to receive and use donated sick time after exhausting all personal sick time. The employer may reserve the right to require a written referral from a physician or health care provider or proof of familial emergency. The terms, rights, privileges or remedies of any employee under any collective bargaining agreement or employment contract are not to be superseded or diminished by this act.
Section 2 provides this act shall take effect immediately.
Existing law
New Law
Justification
Many employees do not receive ample sick time, while others do not need to use all of the sick time they've accrued. Guaranteeing the transfer of sick time provides a method for allowing employees who need it to take more time off while ensuring those additional hours are covered by healthy colleagues. This is policy that will strengthen the rights of workers, increasing productivity and generating positive employment outcomes, with no significant cost.
Legislative history
01/22/16 REFERRED TO CIVIL SERVICE AND PENSIONS
03/07/16 REPORTED AND COMMITTED TO FINANCE
04/15/16 AMEND AND RECOMMIT TO FINANCE
04/15/16 PRINT NUMBER 6525A
05/09/16 AMEND AND RECOMMIT TO FINANCE
05/09/16 PRINT NUMBER 6525B
Fiscal implications
No significant impact
Local fiscal implications
No significant impact
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.