Relates to use of accrued sick time, compensation time or vacation time.
This bill amends the Civil Service Law to let certain public employees use accrued leave time during workers’ compensation waiting periods or while a workers’ compensation claim is being controverted and no indemnity benefits are being paid. Covered employees include state, county, municipal, school district, BOCES, public authority, public benefit corporation, community college, and certain retirement-system participating employees. The bill specifically allows the use of accrued sick time, compensation time, personal time, or vacation time during these periods, and it bars employers from requiring employees to burn accrued leave for that purpose.
If it is later determined that no waiting period was actually required, or that the employee should have received benefits during the controversion period, the employee must have the charged time fully restored. The measure takes effect immediately and is framed as a labor-protective change for public-sector workers dealing with work-related injuries or disputed claims.
The bill would add a new section 159-e to the Civil Service Law, creating a statewide rule for eligible public employees’ use of accrued leave in connection with workers’ compensation waiting periods and claim controversions. It affects public employers and employees across state and local government, including school-related entities and certain retirement-system participating employers, while preserving the ability of collective bargaining agreements to opt in, opt out, or provide different benefits. The bill does not apply automatically to employees covered by a collective bargaining agreement unless the employee organization elects to adopt it, and it expressly preserves existing bargaining rights.
The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge formal sentiment. Based on the bill text, the measure appears generally employee-friendly and aimed at protecting public workers from losing accrued leave while waiting for workers’ compensation benefits. The inclusion of collective bargaining protections suggests an effort to make the proposal more acceptable to labor and public employers by avoiding interference with negotiated agreements.
The main potential point of contention is the balance between employee leave protections and employer/collective bargaining flexibility. Public employers may be concerned about administrative burden or leave restoration requirements, while employee organizations may focus on ensuring workers are not forced to use their own time when injured on the job. The bill addresses this by excluding employees subject to collective bargaining agreements unless their union opts in, and by allowing unions and employers to bargain for greater, lesser, or different benefits. Another possible issue is how the rule interacts with workers’ compensation determinations and payroll/leave accounting when claims are later approved or denied.