Senate Bill S10350A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10350--A
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 159-e to read as follows:
   § 159-E.  AUTHORIZATION TO USE ACCRUED TIME  DURING  CERTAIN  REQUIRED
 WAITING  PERIODS.  1. ANY PUBLIC OFFICER, EMPLOYEE OF THE STATE, COUNTY,
 COMMUNITY COLLEGE, PUBLIC AUTHORITY, PUBLIC BENEFIT  CORPORATION,  BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES (BOCES), VOCATIONAL EDUCATION AND
 EXTENSION BOARD, OR A SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAP-
 TER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED  SIXTY-SEVEN,
 MUNICIPALITY, SCHOOL DISTRICT OR ANY EMPLOYEE OF A PARTICIPATING EMPLOY-
 ER  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 WHO IS REQUIRED TO SERVE A WAITING PERIOD PURSUANT TO
 SECTION TWELVE OF THE WORKERS' COMPENSATION LAW, OR WHO IS NOT RECEIVING
 INDEMNITY BENEFITS AS A RESULT OF THE CONTROVERSION OF THEIR CLAIM,  MAY
 USE  ANY  ACCRUED TIME, INCLUDING BUT NOT LIMITED TO, SICK TIME, COMPEN-
 SATION TIME, PERSONAL TIME, OR VACATION TIME, DURING SUCH WAITING  PERI-
 OD.  AN  EMPLOYER  SHALL  NOT REQUIRE AN EMPLOYEE TO UTILIZE ANY ACCRUED
 TIME DURING SUCH WAITING PERIOD OR PERIOD OF CONTROVERSION.
   2. WHERE AN EMPLOYEE HAS USED ACCRUED TIME, INCLUDING BUT NOT  LIMITED
 TO  SICK TIME, COMPENSATION TIME, PERSONAL TIME OR VACATION TIME, AND IT
 IS SUBSEQUENTLY DETERMINED THAT NO WAITING PERIOD IS  REQUIRED,  OR  THE
 EMPLOYEE IS DETERMINED TO HAVE BEEN ENTITLED TO BENEFITS DURING A PERIOD
 OF  CONTROVERSION, THE EMPLOYEE SHALL BE ENTITLED TO FULL RESTORATION OF
 TIME CHARGED.
   3. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  EMPLOYEE
 SUBJECT  TO  A COLLECTIVE BARGAINING AGREEMENT. AN EMPLOYEE ORGANIZATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02733-04-6
 S. 10350--A                         2

 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 OUT OF IT IF IT IS  MUTUALLY  AGREED  UPON  BETWEEN  THE
 EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER.
   4.  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.