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

                                  2239

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Governmental Employees

AN ACT to amend the civil service law and the labor law, in relation  to
  excused leave for certain purposes

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

  Section 1. Subdivisions 1 and 2 of section 159-b of the civil  service
law,  as amended by chapter 391 of the laws of 2008, are amended to read
as follows:
  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 voca-
tional 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
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 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.
                                                           LBD00141-01-5
              

A. 2239                             2

for a sufficient period of time, not to exceed four hours on  an  annual
basis,  to  undertake a screening for breast cancer.  PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SECTION  SHALL  NOT  BE  APPLICABLE  TO  ANY
TEACHER, OR FULL-TIME EDUCATOR, WHO WORKS LESS THAN A FULL YEAR OR THREE
HUNDRED SIXTY-FIVE CALENDAR DAY YEAR.
  2.  The entire period of the leave of absence granted pursuant to this
section shall be excused leave and shall  not  be  charged  against  any
other  leave  OTHERWISE  ENTITLED TO BY such 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 corpo-
ration, 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  [is  otherwise  entitled  to]
PROVIDED  HOWEVER,  THAT  ANY TEACHER, OR FULL-TIME EDUCATOR REQUIRED TO
WORK A FULL-YEAR OR THREE HUNDRED SIXTY-FIVE CALENDAR DAY YEAR SHALL  BE
ENTITLED TO THE PROVISIONS OF THIS SECTION.
  S  2.  Subdivisions 1 and 2 of section 159-c of the civil service law,
as amended by chapter 391 of the laws of 2008, are amended  to  read  as
follows:
  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 voca-
tional 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
shall be entitled to absent himself and shall be deemed to have  a  paid
leave  of  absence  from  his  duties or service as such public officer,
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
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 hours on an annual basis, to undertake a screening
for prostate cancer.   PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  THIS
SECTION SHALL NOT BE APPLICABLE TO ANY TEACHER OR FULL-TIME EDUCATOR WHO
WORKS  LESS  THAN  A  FULL-YEAR OR THREE HUNDRED SIXTY-FIVE CALENDAR DAY
YEAR.
  2. The entire period of the leave of absence granted pursuant to  this
section  shall  be  excused  leave  and shall not be charged against any
other leave OTHERWISE ENTITLED TO BY such 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  corpo-

A. 2239                             3

ration,  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  [is  otherwise  entitled  to]
PROVIDED  HOWEVER,  THAT  ANY TEACHER, OR FULL-TIME EDUCATOR REQUIRED TO
WORK A FULL-YEAR OR THREE HUNDRED SIXTY-FIVE CALENDAR DAY YEAR SHALL  BE
ENTITLED TO THE PROVISIONS OF THIS SECTION.
  S  3. Section 202-j of the labor law is amended by adding a new subdi-
vision 4-a to read as follows:
  4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW, THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO ANY TEACHER, OR FULL-TIME  EDUCATOR  WHO
IS NOT REQUIRED TO WORK A FULL-YEAR OR THREE HUNDRED SIXTY-FIVE CALENDAR
DAY YEAR.
  S  4. This act shall take effect one year after it shall have become a
law.