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Bill

Bill

S 10350

Relates to use of accrued sick time, compensation time or vacation time

2025 Regular Session Introduced by Jessica Ramos

Authorizes public employees to use accrued leave during workers’ compensation waiting periods or when benefits are controverted, with restoration if not needed.

SUBSTITUTED BY A1202A
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WeVote Research Nonpartisan
Bill Summary · S 10350

Overview

  • Bill: S10350-A (amended version of S10350)
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Relates to use of accrued sick time, compensation time or vacation time
  • Sponsor: Sen. Ramos (co-sponsor: Jessica Ramos)
  • Committee: Civil Service and Pensions
  • Status: As of the latest actions, discharged from committee and ordered to third reading; substituted by A1202A; to Rules

Purpose and intent

The bill authorizes certain public sector employees to use accrued time (sick time, compensation time, personal time, or vacation time) during waiting periods required by workers’ compensation law or during periods of controversion, subject to certain conditions. It aims to provide employees access to accrued leave during mandatory waiting periods or when indemnity benefits are not yet determined, with protections against forced use by the employer and guarantees of restoration if the waiting period is found unnecessary or benefits are subsequently awarded.

Key provisions

  1. Authorization to use accrued time during waiting periods (Section 159-e, new in Civil Service Law)

    • Eligible employees include:
      • Public officers and employees of state, counties, community colleges, public authorities, public benefit corporations, BOCES, vocational education and extension boards, or school districts listed in the NY education laws
      • Employees in NYS and Local Employees' Retirement System or NYS Teachers’ Retirement System participating employers
      • Workers required to serve a waiting period under Workers’ Compensation Law, or those not receiving indemnity benefits due to claim controversion
    • Allowed to use any accrued time (sick, compensation, personal, vacation) during the waiting period
    • Employers may not require employees to use accrued time during the waiting period or during claim controversion

  2. Restoration of time if waiting period is not required or benefits are awarded

    • If it is later determined that no waiting period is required, or the employee was entitled to benefits during controversion, the employee must receive full restoration of the time charged to accrued leave

  3. Collective bargaining considerations

    • The provision does not apply automatically to employees under a collective bargaining agreement
    • Employee organizations may opt in to the provisions via bargaining for their represented employees
    • Organizations may also opt out by mutual agreement with a public employer

  4. CBA protections and limitations

    • The bill explicitly states that it does not diminish existing rights or benefits under collective bargaining agreements
    • Maintains the integrity of the bargaining relationship

  5. Effective date

    • The act takes effect immediately upon enactment

Who would be affected

  • Public employees covered by NY Civil Service Law and not exempted by the bill (state, counties, municipalities, public authorities, BOCES, school districts, etc.)
  • Employees subject to workers’ compensation waiting periods or claim controversion
  • Employees in retirement systems tied to participating employers
  • Employee organizations and collective bargaining units that represent these workers, with potential opt-in or opt-out via bargaining

Procedural and timeline aspects

  • Introduced May 14, 2026
  • Referred to Civil Service and Pensions; amended and reprinted as A10350A
  • Committee actions: Committee discharged and committed to Rules; ordered to third reading calendar
  • Immediate effect upon enactment (Section 2: “takes effect immediately”)

Practical impact and considerations

  • Provides a deliberate mechanism to prevent income loss for workers during mandatory waiting periods or dispute-related delays in indemnity benefits
  • Potentially increases administrative clarity for both employees and employers about when accrued time can be used
  • Could influence employer budgeting and payroll practices due to accelerated or restored leave usage
  • May interact with existing CBAs; opt-in/out provisions give bargaining units significant control over implementation

If you’d like, I can compare this bill to existing NY law on workers’ compensation waiting periods or provide a side-by-side of the opt-in/out mechanics with common CBAs.

Compiled from official sources — confirm details with the bill’s official record.

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