S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4453
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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.
              

                                                            LBD07701-01-7

 A. 4453                             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.
   §  2.  Subdivisions 1 and 2 of section 159-c of the civil service law,
 as amended by chapter 96 of the laws of 2016, 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. 4453                             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.
   §  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.
   §  4. This act shall take effect one year after it shall have become a
 law.