New York Assembly Bill A05782 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5782 2023-2024 Regular Sessions  IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Corporations, Authorities and Commissions 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 1279-m to read as follows: 3 § 1279-m. Transportation carrier employee attendance policies. 1. For 4 the purposes of this section, "employee" means a person employed by the 5 metropolitan transportation authority, a subordinate agency, authority, 6 or corporation of such authority, or a contractor of the counties of 7 Nassau and Suffolk providing public transportation. 8 2. No employee shall be subject to disciplinary action by the metro- 9 politan transportation authority, a subordinate agency, authority, or 10 corporation of such authority, or a contractor of the counties of Nassau 11 and Suffolk engaged in providing public transportation for any docu- 12 mented paid or unpaid period of absence from their position if such 13 period of absence is directly related to the following: 14 (a) On-duty or off-duty injury; 15 (b) Occupationally related or non-occupationally related illness; 16 (c) Contagious or non-contagious infection; 17 (d) Chronic medical condition; or 18 (e) Any appointment with a doctor, surgeon, dentist, or other licensed 19 treatment provider in connection with the diagnosis or treatment of an 20 on-duty or off-duty injury, occupationally related or non-occupationally 21 related illness, contagious or non-contagious infection, and/or chronic 22 medical condition. 23 3. The metropolitan transportation authority, subordinate agencies, 24 authorities, or corporations of such authority, and contractors of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09937-01-3 
 A. 5782 2 1 counties of Nassau and Suffolk engaged in providing public transporta- 2 tion shall not: 3 (a) Take any actions which may inhibit the ability of an employee from 4 seeking diagnostic and/or treatment services for any of the conditions 5 listed in subdivision two of this section. Such actions include, but are 6 not limited to, requiring such employees to remain at their place of 7 residence and penalizing such employees for the purposes of preventing 8 such employees from receiving in-person diagnostic and/or treatment 9 services by a licensed doctor, surgeon, pharmacist, dentist, or any 10 other licensed provider of such services; 11 (b) Subject an employee to any disciplinary action for failure to 12 report for duty during a state of emergency declared by the governor 13 pursuant to executive order during which access to the interstate high- 14 ways within the counties of Suffolk, Nassau, Queens, Kings, Richmond, 15 New York, Bronx, Westchester, Putnam, Dutchess, Rockland, Orange, and 16 Ulster are restricted pursuant to an order of a law enforcement agency; 17 (c) Apply any lateness or period of absence of an employee towards any 18 policy on employee attendance during a state of emergency declared by 19 the governor pursuant to executive order; or 20 (d) Subject an employee to disciplinary action for failure to report 21 for duty as a result of such employee being compelled by summons or 22 subpoena to appear in either a federal court or any court under the 23 unified court system of the state of New York as either a defendant, 24 plaintiff, or witness in any legal proceeding. This paragraph shall also 25 apply to depositions in connection with a legal action in which such 26 employee has been compelled by subpoena to give testimony. 27 4. The metropolitan transportation authority, subordinate agencies, 28 authorities, or corporations of such authority, and contractors of the 29 counties of Nassau and Suffolk engaged in providing public transporta- 30 tion shall modify all attendance-based disciplinary policies currently 31 in effect to comply with this section within ninety days of the effec- 32 tive date of this section. 33 § 2. This act shall take effect immediately.