Relates to leave for cancer screening; broadens section to include all types of cancer screening for a period of eight hours.

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S4922-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Apr 29, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S4922-2011 Memo

BILL NUMBER:S4922

TITLE OF BILL:
An act
to amend the civil service law, in relation to leave for cancer
screening; and repealing certain provisions of such law relating thereto

PURPOSE OF BILL:
This bill provides New York state employees with a maximum of eight
hours of excused leave annually to obtain a screening for cancer.

SUMMARY OF PROVISIONS:
Amends section 159-b of the Civil Service Law providing excused leave
to undertake a screening for cancer. The current law provides leave
for breast cancer screening (159-b) and prostate cancer screening
(159-c).

This bill amends section 159-b to allow leave for screening for any
type of cancer. It also increases the allowed leave to a maximum of
eight fours from the current four hours.

Repeals section 159-C of the civil service law which is redundant once
this bill is adopted.

JUSTIFICATION:
Early detection of cancer is critical to treatment, survivorship and
reduction of costs, but working men and women often lack the
opportunity or incentive to undertake the necessary screening.

New York State would send a powerful message in the fight against
cancer by encouraging its' employees to undertake a cancer screening.
Cancer screening benefits the public as well as the employee by
helping to avoid future medical costs.

The current law allows excused leave only for screening for breast
cancer and prostate cancer. This is not a rational limitation since
early detection and treatment can be beneficial for many types of
cancer. Also, since prostate cancer occurs exclusively among men,
this current statute creates a perception of unequal and
discriminatory benefits.

Finally, employees in some cases have found it difficult to travel to
a doctor's office and complete the necessary cancer screening within
the allowed four hours, hence the reasoning for the bill's increase
of allowed leave time to eight hours.

LEGISLATIVE HISTORY:
2010: S.7077 - Referred to Civil Service and Pensions.

FISCAL IMPLICATIONS:
None. Costs of paid leave would be offset by reduced medical expenses.

EFFECTIVE DATE:
Shall take effect on the ninetieth day after it becomes law.

S4922-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4922

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 29, 2011
                                 ___________

  Introduced  by  Sen. ADDABBO -- 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 leave  for  cancer
    screening; and repealing certain provisions of such law relating ther-
    eto

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The section heading and subdivision 1 of section  159-b  of
  the  civil service law, the section heading as amended by chapter 566 of
  the laws of 2006 and subdivision 1 as amended by chapter 391 of the laws
  of 2008, are amended to read as follows:

    Excused leave to undertake a screening for [breast] cancer. 1.   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 chap-
  ter 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 shall be entitled to
  absent himself or herself and shall be deemed to have a  paid  leave  of
  absence  from  his  or  her  duties or service as such public officer or
  employee of this state, employee of any county, employee of any communi-
  ty 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09547-01-1

 S. 4922                             2

  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 for a sufficient period of  time,
  not  to  exceed  [four]  EIGHT  hours on an annual basis, to undertake a
  screening for [breast] cancer.
    S 2. Section 159-c of the civil service law is REPEALED.
    S 3. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.