Allows first responders who are diagnosed with post-traumatic stress disorder to request line of duty sick leave

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          2485

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    January 17, 2025
                                       ___________

        Introduced  by M. of A. BENDETT -- read once and referred to the Commit-
          tee on Governmental Employees

        AN ACT to amend the general municipal law, in relation to allowing first
          responders who are diagnosed with post-traumatic  stress  disorder  to
          request line of duty sick leave

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 92-e to read as follows:
     3    § 92-E. SICK LEAVE FOR FIRST RESPONDERS WITH PTSD. 1.  NOTWITHSTANDING
     4  ANY  OTHER  LAW,  RULE, OR REGULATION TO THE CONTRARY, A FIRST RESPONDER
     5  INCLUDING A FIREFIGHTER, POLICE OFFICER, OR EMERGENCY MEDICAL  PERSONNEL
     6  WHO  IS  AN  EMPLOYEE OF THE STATE, A PUBLIC AUTHORITY, OR ANY MUNICIPAL
     7  CORPORATION, WHO IS DIAGNOSED WITH POST-TRAUMATIC STRESS DISORDER  BY  A
     8  PSYCHIATRIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE
     9  EDUCATION LAW WHICH ARISES FROM SUCH FIRST  RESPONDER'S  PERFORMANCE  OF
    10  SUCH FIRST RESPONDER'S DUTIES, SHALL, AFTER SUBMITTING A WRITTEN REQUEST
    11  FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENC-
    12  ING  ON THE DATE THAT SUCH FIRST RESPONDER WAS DIAGNOSED WITH POST-TRAU-
    13  MATIC STRESS DISORDER. THE FIRST RESPONDER SHALL BE COMPENSATED AT  SUCH
    14  FIRST  RESPONDER'S  REGULAR  RATE  OF  PAY  FOR THOSE REGULAR WORK HOURS
    15  DURING WHICH SUCH FIRST RESPONDER IS ABSENT FROM WORK DUE TO SUCH  FIRST
    16  RESPONDER'S  DIAGNOSED  POST-TRAUMATIC STRESS DISORDER. SUCH LEAVE SHALL
    17  BE PROVIDED WITHOUT THE LOSS OF THE FIRST RESPONDER'S ACCRUED SICK LEAVE
    18  OR VACATION LEAVE.
    19    2. AN EMPLOYER SHALL NOT TAKE ANY ADVERSE PERSONNEL ACTION  AGAINST  A
    20  FIRST  RESPONDER  REGARDING  SUCH  FIRST  RESPONDER'S EMPLOYMENT BECAUSE
    21  EITHER (I) THE FIRST RESPONDER UTILIZES, OR REQUESTS  TO  UTILIZE,  SICK
    22  LEAVE  OR  ANY  OTHER  AVAILABLE  LEAVE  DUE TO DIAGNOSED POST-TRAUMATIC
    23  STRESS DISORDER, OR (II) THE FIRST RESPONDER  UTILIZES  OR  REQUESTS  TO
    24  UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03592-01-5
        A. 2485                             2

     1    3.  FOR  PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION" MEANS
     2  ANY DISCIPLINE, INCLUDING ISSUING A  NOTICE  OF  DISCIPLINE,  DISCHARGE,
     3  SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
     4  EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO SUBDIVISION ONE OF THIS
     5  SECTION.
     6    §  2.  The  state  shall  reimburse  any public authority or municipal
     7  corporation of less than one million people for the cost of any line  of
     8  duty sick leave granted pursuant to this act.
     9    §  3.  This act shall take effect immediately; provided, however, that
    10  any employee who is currently employed by the state,  public  authority,
    11  or  municipal  corporation  who  has  been diagnosed with post-traumatic
    12  stress disorder and is using sick  leave  due  to  such  disorder  shall
    13  receive  a  restoration  of such sick leave retroactive to the date such
    14  employee was diagnosed with post-traumatic stress disorder.