NY Lab L § 202-M (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 202-M - Healthcare Professionals Who Volunteer to Fight the Ebola Virus Disease Overseas.

* §  202-m.  Healthcare professionals who volunteer to fight the Ebola virus disease overseas. 1. Findings and  policy  of  the  state.  It  is hereby  found  and  declared  that the Ebola virus disease is a rare and potentially deadly disease caused by infection with one  of  four  Ebola virus  strains  known  to cause disease in humans, that the World Health Organization has declared that the current Ebola virus disease  outbreak in  West  Africa  constitutes a public health emergency of international concern, and that the centers for disease control and prevention of  the United  States department of health and human services has reported that the number of future Ebola virus disease cases will reach  extraordinary levels  without a scale-up of interventions. It is hereby declared to be the policy of the state to work with its international partners to  help eradicate  the  Ebola virus disease by supporting the dedicated New York state healthcare professionals who seek to provide  invaluable  help  to this effort.   2.  Bill  of rights. A healthcare professional who volunteers to fight Ebola is protected by existing state laws that  prohibit  discrimination on  the  basis  of  an  actual or perceived disability. Upon return from fighting Ebola overseas, a healthcare professional will be provided with a bill of rights outlining these existing anti-discrimination  laws.  In addition  to  these existing anti-discrimination laws, and in accordance with the provisions of this section, healthcare professionals shall have the right to seek a  leave  of  absence  to  volunteer  to  fight  Ebola overseas without adverse employment consequences.   3.  Definitions. For the purposes of this section, the following terms shall have the following meanings:  (a)  "Employee"  means  any  individual  healthcare  professional  who performs  services  for  hire  for  an employer but shall not include an independent contractor.  (b) "Employer" means a person or  entity  that  employs  a  healthcare professional  and includes an individual, corporation, limited liability company, partnership,  association,  nonprofit  organization,  group  of persons,  county,  town,  city, school district, public authority, state agency, or other governmental subdivision of any kind.  (c) "Fight Ebola" means to serve as a  healthcare  professional  in  a country  that  has  been classified as having widespread transmission of the  Ebola  virus  disease  by  the  centers  for  disease  control  and prevention of the United States department of health and human services.  (d) "Healthcare professional" means:  (i) a physician licensed pursuant to article one hundred thirty-one of the education law;  (ii)  a  physician  assistant licensed pursuant to article one hundred thirty-one-B of the education law;  (iii) a nurse practitioner licensed pursuant to  article  one  hundred thirty-nine of the education law;  (iv)  a registered professional nurse licensed pursuant to article one hundred thirty-nine of the education law; and  (v) other healthcare professions as added by the commissioner pursuant to subdivision thirteen of this section.  (e) "Leave of absence" means time away from work that is excused. Such time shall be unpaid, unless the employee requests that such time, or  a portion  thereof,  be  paid pursuant to a charge against paid leave that has accrued to such employee.  (f) "Undue hardship" means an absence requiring significant expense or difficulty, including  a  significant  interference  with  the  safe  or efficient  operation  of  the  workplace  or  a violation of a bona fide seniority system. Factors to be considered  in  determining  whether  an absence constitutes an undue economic hardship shall include, but not be  limited  to the identifiable cost of the absence, including the costs of loss of productivity and of retraining, hiring or transfer of employees, in relation to the size and operating costs of the  employer  and  other known   or   reasonably  foreseeable  absences,  the  overall  financial resources of the employer, the number of  employees  at  the  employee's facility, the employee's role within the facility, the type of operation of  the  employer, including the structure and functions of the employee within it, the  impact  on  the  operation  of  the  employer,  and  the employer's ability to hire temporary or new employees with the requisite skills to ensure the employer's continued operations.  (g)  "Volunteer"  means  to  freely  offer services to fight Ebola and includes such services without regard to whether they are compensated.   5. Duration of the leave of absence. (a) The duration of the leave  of absence  shall  be the full time period requested by the employee, which shall include travel time, service volunteering to fight  Ebola,  and  a reasonable  period of rest and recovery. If the employer determines that an absence for that full  period  of  time  would  constitute  an  undue hardship,  the  employer  and  employee shall work together to determine whether there is a shorter period of time that would not  constitute  an undue hardship that would still allow the employee to volunteer to fight Ebola.  If  the  employer  and  employee agree on a shorter period, that shall be the duration of the leave  of  absence  under  this  paragraph. Otherwise, if they are unable to agree on a shorter period, the leave of absence shall be deemed denied.  (b)  The  duration  of  leave  of  absence,  as determined pursuant to paragraph (a) of this subdivision  shall  be  extended  to  include  any additional  period  of  time  that  the  employee  becomes  subject to a mandatory quarantine  period  imposed  at  the  end  of  the  employee's voluntary service to fight Ebola.   6.  Leave  of  absence  request.  An employee's request for a leave of absence pursuant to this section shall be made, in writing,  to  his  or her  employer  at least twenty-one days prior to the employee's proposed start date of such leave of absence. The employee's request shall, at  a minimum:  (a)  identify  the duration of leave sought, including the anticipated start and  end  dates  of  the  volunteer  service,  together  with  any additional  time  sought  for  transportation  and  for  rest  prior  to returning to work;  (b) identify the service to be volunteered, including the country  and the organization with whom the employee will be volunteering; and  (c) certify that such service constitutes volunteering to fight Ebola, within the meaning of this section.   7. Notarization. Upon the employer's request, an employee who has been granted a leave of absence in accordance with this section shall provide his  or her employer with a notarized statement from the organization or entity with whom the employee will be volunteering. The statement shall:  (a) identify the anticipated start and  end  dates  of  the  volunteer service  and  the  terms  of  service,  including  any  compensation and benefits to be provided;  (b) identify the service to be volunteered, including the country  and the organization with whom the employee will be volunteering; and  (c) certify that such service constitutes volunteering to fight Ebola, within the meaning of this section.   8.  Benefits during leave. Employees who take leave under this section shall be restored at the  completion  of  such  leave  to  the  same  or comparable  position  without  loss  of  seniority, shall be entitled to participate in insurance or  other  benefits  offered  by  the  employer pursuant  to  established  rules  and practices relating to employees on  furlough or leave of absence in effect with the  employer  at  the  time such  employee made request to take leave of absence as provided in this section.   9.  Retaliation prohibited. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as  provided  by this section.   10.  Retention  of  benefits. The provisions of this section shall not affect or prevent an employer from providing leave in addition to  leave allowed under any other provision of law. The provisions of this section shall not affect an employee's rights with respect to any other employee benefit provided by law, rule or regulation.   11.  Collective bargaining. Nothing set forth in this section shall be construed to impede, infringe, or diminish the rights and benefits  that accrue  to employees through bona fide collective bargaining agreements, or otherwise diminish the integrity of an existing collective bargaining agreement.   12. Review of denial of leave. An employee  whose  request  for  leave under  this  section  has  been denied may petition the commissioner for review of such denial, which review shall be expeditiously conducted.   13. Rules and regulations.  The  commissioner  shall  promulgate  such rules  and  regulations as may be necessary for the purposes of carrying out the provisions of this section.   * NB Repealed December 1, 2021