What's happening
This bill allows public employees injured at work to use accrued sick, comp, or vacation time before workers’ compensation coverage begins.
Why it matters
Bridges the Gap Before Workers’ Comp Kicks In. This bill matters because it lets public employees who are injured on the job immediately use their own accrued sick, vacation, or comp time, ensuring they don’t go without pay while waiting for workers’ comp eligibility or processing.
Empowers Labor Unions Through Bargaining. The bill specifically preserves the right for unions (employee organizations) to bargain over this benefit—meaning unions can choose to opt into or out of this provision, or negotiate for better or lesser benefits, giving collective bargaining more flexibility and control.
Protects Existing Contract Rights. It explicitly states that nothing in the bill can reduce or interfere with any rights or benefits already provided through existing collective bargaining agreements, safeguarding current protections and maintaining union leverage.
Applies Broadly Across Public Sector. The bill’s scope covers a wide range of public employees (state, local, school districts, BOCES, etc.), potentially impacting a significant portion of the New York public workforce, not just a small subset.
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Who cares
Public employees with work-related injuries
The bill would entitle covered employees to use accrued sick, compensation or vacation time before they become covered under workers’ compensation law.
State and local agencies, school districts and other covered public employers
They would have to allow eligible injured employees to use those accrued leave balances during that gap in coverage.
Public employee unions
Employees subject to collective bargaining agreements on the effective date would be excluded unless their unions negotiate to opt in, and unions could bargain for greater or lesser benefits or mutually agree with employers to opt out.
Headline styles
Allow Injury Sick Time Use
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to civil service and pensions
- 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.
Let Injured Workers Use Leave
In Assembly Committee · Governmental Employees · Sponsor Jo Anne Simon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
730
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, COMRIE, PERSAUD -- 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 use of accrued sick time, compensation time or vacation 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-d to read as follows:
§ 159-d. Payment in lieu of workers' compensation payments. 1. Every public officer, employee of this state, county, community college, public authority, public benefit corporation, board of cooperative educational services (BOCES), vocational education and extension board, school district enumerated in section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, municipality, school district or participating employer in the New York state and local employees' retirement system or a participating employer in the New York state teachers' retirement system who has suffered a work related injury shall be entitled to use accrued sick time, compensation time or vacation time where any such employee is injured but has not yet become covered under the provisions of the workers' compensation law.
2. The provisions of this section shall not apply to any employees subject to a collective bargaining agreement as of the effective date of this section. An employee organization may, pursuant to collective bargaining, opt in to the provisions of this section on behalf of those public employees it is either certified or recognized to represent, within the meaning of article fourteen of this chapter, or may alternatively bargain for benefits greater or less than those provided for by this section. An employee organization that has opted in to the provisions of this section may, pursuant to collective bargaining, opt
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01509-01-9
S. 730 2
out of it as is mutually agreed upon between the employee organization and any public employer.
3. Nothing set forth in this section shall be construed to impede, infringe or diminish the rights and benefits that accrue to employees and employers through collective bargaining agreements, or otherwise diminish the integrity of the collective bargaining relationship.
§ 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 use of accrued sick time, compensation time or vacation time
Purpose
To allow certain civil service employees to use their sick time, vaca- tion time, and other compensatory time pending receipt of workers' compensation benefits.
Summary of provisions
Adds a new section 159-d to allow certain employees who have suffered a work related injury to use accrued sick time, compensation time or vaca- tion time while awaiting their workers' compensation benefits. For purposes of this section, employees are defined as every public officer, and workers of this state, county, community college, public authority, public benefit corporation, board of cooperative education services (BOCES), vocational education and extension board, and certain school districts.
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 ineq- uity.
Legislative history
New bill.
Fiscal implication
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.