Bill S7160-2013

Grants excused leave to public officers, employees of the state, county, municipality or school district to undertake screening for cancer; repealer

Grants excused leave to public officers, employees of the state, county, municipality or school district to undertake screening for cancer.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Jun 2, 2014: ADVANCED TO THIRD READING
  • May 29, 2014: 2ND REPORT CAL.
  • May 28, 2014: 1ST REPORT CAL.992
  • May 1, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - May 28, 2014
Ayes (8): Golden, Hannon, Lanza, Martins, Maziarz, Addabbo, Dilan, Perkins
Ayes W/R (2): Ritchie, Sanders
Nays (1): Savino

Memo

BILL NUMBER:S7160

TITLE OF BILL: An act to amend the civil service law, in relation to directing the granting of excused leave to public officers and public employees to undertake cancer screenings; and to repeal certain provisions of such law relating thereto

PURPOSE:

The purpose of this legislation is to encourage people to be screened regularly for all types of cancer by providing time off from work, thereby increasing the number of cancers caught at an early stage and improving public health.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 159-b of the Civil Service Law to entitle any employee of the state, any county, municipality, school district, community college, public authorities public benefit corporations, any board of cooperative educational services (BOCES), vocational education and extension board, participating employers in the New York state and local employees' retirement system, or of a participating employer in the New York state teachers' retirement system to have a paid leave of absence from his or her duties or service for a sufficient period of time, not to exceed four hours per cancer screening type, or the cumulative equivalent of two full-time days, whichever is less on annual basis, to undertake a screening for cancer. It also provides that an employer may reserve the right to require all employees provide a written referral from a physician or other duty authorized health care provider.

Section 2 repeals Section 159-c of the Civil Service Law Section 3 sets the effective date.

JUSTIFICATION:

Cancer, in all its forms, is one the most deadly diseases that human beings face today. There are over 200 types of cancer, which can affect 60 organs throughout the human body. In 2012, cancer caused 8.2 million deaths worldwide. In 2013 in New York State alone, 34,240 New Yorkers lost their lives to 10 different types of cancer, such as brain, breast, colon, rectum, and liver cancers to name a few. The chances for survival and the effective treatment of cancer are much higher when cancers are detected at early stages. It is important that employees are provided with the necessary time in order to receive proper screenings for cancer.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined by state and local governments. However, preventative cancer screening can detect problems in their early stages and prevent more serious medical conditions which have an adverse effect on workers productivity, whereby increasing overall costs to the state.

EFFECTIVE DATE::

Ninetieth day after it becomes law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7160 IN SENATE May 1, 2014 ___________
Introduced by Sen. HANNON -- 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 directing the granting of excused leave to public officers and public employees to undertake cancer screenings; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 159-b of the civil service law, as amended by chap- ter 566 of the laws of 2006, subdivisions 1 and 2 as amended by chapter 391 of the laws of 2008, is amended to read as follows: S 159-b. Excused leave to undertake a screening for [breast] cancer. 1. Every public officer, employee of this state, employee of any coun- ty, 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 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
for a sufficient period of time, not to exceed four hours PER CANCER SCREENING TYPE, OR THE CUMULATIVE EQUIVALENT OF TWO FULL-TIME DAYS, WHICHEVER IS LESS on an annual basis, to undertake a screening for [breast] cancer. 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 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 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 is otherwise entitled to. PROVIDED, HOWEVER, THAT AN EMPLOYER MAY RESERVE THE RIGHT TO REQUIRE THAT ALL EMPLOYEES PROVIDE A WRITTEN REFER- RAL FROM A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER. [3. The provisions of this section shall not apply to any employee of a city having a population of one million or more.] 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; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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