NY Gen Mun L § 92-D (2021)
2021 New York Laws GMU - General Municipal Article 5 - Powers, Limitations and Liabilities 92-D - Sick Leave for Officers and Employees With a Qualifying World Trade Center Condition.

§  92-d. Sick leave for officers and employees with a qualifying World Trade Center condition. 1.(a) Notwithstanding any  other  law,  rule  or regulation  to  the  contrary,  officers  and  employees of the state, a public authority or any municipal corporation outside of a city  with  a population  of  one million or more who have filed and received approval for such filed notice of participation in  World  Trade  Center  rescue, recovery  or  cleanup  operations  or  was  a participant in World Trade Center rescue, recovery, or cleanup operations as such term  is  defined in  section  one hundred sixty-one of the workers' compensation law, who does not have such filed and approved notice of  participation  and  has filed  a  notice of participation under section one hundred sixty-two of the workers' compensation law and is now employed by the state, a public authority, or any municipal corporation, and  subsequently  developed  a qualifying  World  Trade  Center condition, as defined in section two of the retirement and social security law, shall, after the  receipt  of  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 a  qualifying  World  Trade  Center condition regardless of whether such officer or employee was employed by his or her current employer  at  the time  that  such  officer or employee participated in World Trade Center rescue, recovery or cleanup operations. The officer or employee shall be compensated at his or her regular rate of pay  for  those  regular  work hours  during  which  the officer or employee is absent from work due to his or her qualifying World Trade Center condition. Such leave shall  be provided without loss of an officer or employee's accrued sick leave.  (b)  A  public  employer  shall  not take any adverse personnel action against a public employee regarding the  employee's  employment  because either  (i) the employee utilizes, or requests to utilize, sick leave or any other available  leave  due  to  a  qualifying  World  Trade  Center condition,  as such term is defined in section two of the retirement and social security law, or  (ii)  the  employee  utilizes  or  requests  to utilize line of duty sick leave provided by this section.  (c)  For purposes of this section, an "adverse personnel action" means any discipline, including issuing a  notice  of  discipline,  discharge, suspension,   demotion,   penalization,  or  discrimination  against  an employee utilizing line of duty sick leave pursuant to paragraph (a)  of this subdivision.   Nothing  in  this  section  shall  be deemed to diminish or impair the rights of a public employee or employer under any law, rule,  regulation or collectively negotiated agreement or to prohibit any personnel action which  otherwise would have been taken regardless of any request to use, or utilization of, any sick leave or other  available  leave  due  to  a qualifying   World   Trade  Center  condition  or  request  to  use,  or utilization of, any line of duty sick leave provided by this section.   2.(a) Notwithstanding  any  other  law,  rule  or  regulation  to  the contrary,  officers  and  employees  of  a city with a population of one million or more who  (i)  do  not  receive  benefits  similar  to  those provided by this section pursuant to a collectively bargained agreement, section  14-122.1  of  the  administrative code of the city of New York, section 15-108.1 of the administrative code of the city of New York,  or other  statutory provision and (ii) have filed and received approval for such filed  notice  of  participation  in  World  Trade  Center  rescue, recovery  or  cleanup  operations  or  was  a participant in World Trade Center rescue, recovery, or cleanup operations as such term  is  defined in  section  one hundred sixty-one of the workers' compensation law, who does not have such filed and approved notice of  participation  and  has filed  a  notice of participation under section one hundred sixty-two of the workers' compensation law and is now employed by the state, a public  authority, or any municipal corporation, and  subsequently  developed  a qualifying  World  Trade  Center condition, as defined in section two of the retirement and social  security  law,  shall,  after  receipt  of  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 a  qualifying  World  Trade  Center condition regardless of whether such officer or employee was employed by his or her current employer  at  the time  that  such  officer or employee participated in World Trade Center rescue, recovery or cleanup operations. The officer or employee shall be compensated at his or her regular rate of pay  for  those  regular  work hours  during  which  the officer or employee is absent from work due to his or her qualifying World Trade Center condition. Such leave shall  be provided without loss of an officer or employee's accrued sick leave.  (b)  A  public  employer  shall  not take any adverse personnel action against a public employee regarding the  employee's  employment  because either  (i) the employee utilizes, or requests to utilize, sick leave or any other available  leave  due  to  a  qualifying  World  Trade  Center condition,  as such term is defined in section two of the retirement and social security law, or  (ii)  the  employee  utilizes  or  requests  to utilize line of duty sick leave provided by this section.  (c)  For purposes of this section, an "adverse personnel action" means any discipline, including issuing a  notice  of  discipline,  discharge, suspension,   demotion,   penalization,  or  discrimination  against  an employee utilizing line of duty sick leave pursuant to  subdivision  one of this section.   Nothing  in  this  section  shall  be deemed to diminish or impair the rights of a public employee or employer under any law, rule,  regulation or collectively negotiated agreement or to prohibit any personnel action which  otherwise would have been taken regardless of any request to use, or utilization of, any sick leave or other  available  leave  due  to  a qualifying   World   Trade  Center  condition  or  request  to  use,  or utilization of, any line of duty sick leave provided by this section.   3. For purposes of this section, "cost" shall mean the number of  days of  sick  leave that must be restored to an officer or employee pursuant to subdivision one or two of this section multiplied by such officer  or employee's  wage  rate  at  the  time  that  such  sick  leave for which reimbursement is being sought was taken.   4. A request, for line of duty sick leave  shall  be  in  writing  and include  a  waiver of the protection afforded to the officer or employee pursuant to the health insurance portability and accountability  act  to allow  disclosure  of  the  officer  or  employee's  approved  notice of participation  and  any  medical  records  concerning  such  officer  or employee's  notice  of  participation  or  qualifying World Trade Center condition in  the  possession  of  the  retirement  system  or  workers' compensation board in which such officer or employee is a member for the purpose  of reviewing, processing and auditing his or her claim for line of duty sick leave. Such waiver shall be in the  form  required  by  the retirement  system  of  which  he  or  she  is  a member or the workers' compensation board, along with the application for  line  of  duty  sick leave, with his or her employer.   5.  Notwithstanding any provision of law to the contrary, upon request from the state, public authority or municipal corporation other  than  a city  with a population of one million or more for a copy of an approved notice of participation  in  World  Trade  Center  rescue,  recovery  or cleanup  operations for an officer or employee, the retirement system in which such officer or employee is a member and to which such officer  or employee  filed his or her notice of participation in World Trade Center rescue, recovery or cleanup operations in accordance with paragraph  (a)  of  subdivision  thirty-six  of section two of the retirement and social security law, such retirement system shall provide a  verified  copy  of such  approved  notice of participation that includes the date that such notice  was  filed  to such requestor. A copy of such verified notice of participation shall be filed with any claim for reimbursement  submitted to  the  civil  service  department pursuant to subdivision four of this section. Except as required for filing, review, and audit purposes, such verified notice of participation and all copies of such verified  notice shall  be confidential and not subject to disclosure pursuant to article six of the public officers law.   6. A public authority or municipal corporation other than a city  with a  population  of  one  million  or  more  shall  submit  any  claim for reimbursement under this section to the  civil  service  department.  In accordance  with subdivision eight of section seven of the civil service law, the civil service department shall review each claim  to  determine if  such claim shall be approved, reduced, amended or rejected and shall notify the submitting public authority or municipal corporation,  within sixty  days  of  receipt  of  such  claim, as to its determination. Such public authority or municipal corporation shall notify the civil service department within  thirty  days  after  receipt  of  the  civil  service department's  notification,  as  to  its acceptance or rejection of such determination. Failure to so notify the civil service  department  shall constitute  an  acceptance  of  the  determination.  If accepted by such public  authority  or  municipal  corporation,  such  acceptance   shall constitute  the  final  and  conclusive  determination  for  such claim. Notwithstanding any other law to the contrary, there shall be no  appeal of  such  determination  to the civil service commission. If rejected by such public authority or municipal corporation, such public authority or municipal corporation may commence an  action  in  accordance  with  the provisions of article seventy-eight of the civil practice law and rules.   7.  The  civil service department shall certify all claims for which a final determination has been made. The civil  service  department  shall submit  all  certified  claims for payment on or before the first day of the immediately succeeding month during which such claim was certified.   8. All claims certified by the civil service department shall be  paid monthly.