BILL NUMBER: S4373
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to protections
for employees of the metropolitan transportation authority or contrac-
tors of Nassau and Suffolk counties providing public transportation
 
PURPOSE OR GENERAL IDEA OF BILL:
To change attendance policies in the MTA or contractors to be fairer to
workers.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends the public authorities' law by adding a
new section 1279 that states no employee shall be subject to discipli-
nary action if their absence from work was due to injury, illness,
infection, chronic medical condition or doctor's appointment. The MTA
cannot take action against the employee for seeking treatment. The MTA
cannot subject an employee to any disciplinary action for failure to
report or lateness during a state of emergency. An employee cannot face
disciplinary action for failure to report for duty as result of a
summons or subpoena in court.
Section 2 of the bill provides that this act shall take effect imme-
diately
 
JUSTIFICATION:
This legislation will remedy problems caused by the draconian attendance
policies of the MTA, its subsidiaries, and private bus contractors oper-
ating public bus systems in Nassau and Suffolk Counties. These draconian
policies force choices upon employees that they should never be required
to make. If a Metro North Worker is subpoenaed to appear in court as a
plaintiff, a witness or a defendant in a legal matter outside of the
course of their employment this is held against their attendance and
they may be subject to discipline up to and including dismissal. The
same applies when a conflict arises between showing up for work and
getting a mammogram. Paid sick days are being applied against
"no-fault" attendance policies even when a treating provider provides
documentation that the worker is not physically able to render service
due to a non-COVID contagious infection (Flu, RSV, Measles, etc.) The
situation has repeated itself nat only at Metro North but also in every
operating entity in the Transportation Industry in the Metropolitan
Area.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S6078A Comrie
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately