BILL NUMBER: S5522
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the general municipal law, in relation to line of duty
sick leave for first responders due to a pandemic virus
 
PURPOSE:
The intent of this legislation is to assure line of duty sick leave for
frontline/first responders who are diagnosed with or display symptoms of
a pandemic (COVID-19) virus is given during a national or state of emer-
gency.
 
SUMMARY OF PROVISIONS:
Section 1 of the general municipal law is amended by adding section
92-e. Sick leave for officers and employees due to a pandemic virus.
Any police officer as defined by subdivision thirty-four of section 120
of the criminal procedure law, member of and organized fire company or
fire department of a city, town, village or fire district, emergency
medical technician or advanced emergency medical technician as such
terms are defined by section three thousand one of the public health
law, or paramedic who was exposed or came into contact with a pandemic
virus and such individual tests positive for, or displays symptoms of
such pandemic virus, shall, after submitting to his or her employer a
written request for line of duty sick leave, be granted line of duty
sick leave commencing on the date that such employee was diagnosed with
or began displaying symptoms of the pandemic virus. Such officer or
employee shall be compensated at his or her regular rate of pay for
those regular work hours during which such officer or employees is
absent from work hours during which such officer or employee is absent
from work due to his or her diagnosis or symptoms of a pandemic virus.
Such leave shall be provided without loss of an officer or employee's
accrued sick leave.
An employer shall not take any adverse personal action against an
employee regarding such employee's employment or request to utilize line
of duty sick leave. A request for the line of duty sick leave shall be
in writing and include a waiver of the protection afford to the officer
or employee pursuant to the health insurance portability and account-
ability act to allow disclosure of the officers or employees exposure or
contact with a pandemic virus and any medical records concerning such
officers or employees notice of exposure or contact with such pandemic
virus.
Nothing in this section shall limit an employer's power pursuant to any
other provision of law to disclose an officer or employee by termini
nation, reduction in salary, or any other appropriate measure; to termi-
nate an appointee who has not completed his or her probationary term,
and to apply for ordinary or accident disability retirement for an offi-
cer or employee. Pandemic virus," shall mean a virus this is classified
as a pandemic by the World Health Organization which causes the governor
to declare a state declaration of disaster emergency pursuant to section
twenty-eight of the executive law.
Section 2: The state shall reimburse and public authority or Municipal
Corporation of less than .one million people for the cost of any line of
duty sick leave granted pursuant to this act.
Section 3: This act shall take effect immediately.
 
JUSTIFICATION:
During any crisis or pandemic it is the first responders that are not
able to shelter in place during the nation's health emergency. They
often asked to be out on the streets or within health care facilities
interacting with both healthy New Yorkers and sick ones, often without
adequate protective equipment.
The coronavirus pandemic is impacting nearly every element of public
life, and first responders are increasingly on the frontlines of the
crisis. EMS workers are struggling to keep up with the influx of 9-1-1
calls, police departments are facing a worst-case scenario with large
numbers of the workforce out sick or in quarantine, and already-short-
handed fire departments are keeping communities safe amid volunteer
shortages.
In New York City alone, first responders are getting up to over 7515
more 9-1-1 calls than usual, and the pressure and ceaseless nature of
the virus frontlines is taking a toll on even the most veteran workers.
EMS workers reported responding to around 7,000-8,000 9-1-1 calls per
day, up to 7515 more than normal call-volume, and instead of the 50-70
cardiac arrests per day, the current number tallies around 300. Police
departments have been equally hard-hit by COVID-19. On April 3, the New
York City Police Department reported that 1 in 6 NYPD officers were out
sick or in quarantine. While certain action has been addressed in feder-
al relief legislation, the legislation only adds temporary relief.
There are certain agencies that have regulations that state an employee
who reports to work displaying symptoms must be encouraged to voluntar-
ily absent themselves with charge to leave accruals. Potential motiva-
tors include emphasizing that when sick, absenting oneself helps protect
everyone, including co-workers and patients, and helps ensure they take
a moment to assess their own well-being. If after encouragement, an
employee refuses to voluntarily absent themselves the employee must be
directed to go home and HR must be immediately notified of the direc-
tive. Once HR is notified, they will provide direction regarding leave
accruals. This legislation intent is to make line of duty sick leave for
first responders due to a pandemic virus permanent in the state of New
York.
 
LEGISLATIVE HISTORY:
New
 
FISCAL IMPLICATIONS:
Yet to be determined
 
EFFECTIVE DATE: