N.Y. General Municipal Law Section 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 Retirement & Social Security Law § 2 (Definitions)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 Retirement & Social Security Law § 2 (Definitions)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 Retirement & Social Security Law § 2 (Definitions)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 Retirement & Social Security Law § 2 (Definitions)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 Retirement & Social Security Law § 2 (Definitions)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 Civil Service Law § 7 (Powers and duties of the president of the state civil service commission)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.

Source: Section 92-D — Sick leave for officers and employees with a qualifying World Trade Center condition, https://www.­nysenate.­gov/legislation/laws/GMU/92-D (updated Apr. 24, 2020; accessed Apr. 20, 2024).

70
Payment of judgments against municipal corporation
70‑A
Liability for expenses incurred in enforcing lawful required payment of moneys to state agencies
71
Liability for damages by mobs and riots
71‑A
Injury or death of person aiding a police officer or peace officer
71‑B
Operation of snowmobiles
72
Acquisition of lands for erection of monuments
72‑A
Acquisition and development of forest lands
72‑B
Acquisition of lands and erection of memorial buildings
72‑C
Expenses of members of the police department and other peace officers in attending police training schools
72‑D
Acquisition of lands for park and parkway purposes or for district headquarters for the state department of transportation, and dedicatio...
72‑E
Acquisition of lands for park and parkway purposes and dedication of the same by the counties of Broome, Monroe and Erie
72‑F
Acquisition of lands for parkway and airport purposes and dedication of the same by counties and municipal corporations
72‑G
Expenses of volunteer firefighters attending training schools and instruction courses
72‑H
Sale, lease and transfer to municipal corporations of certain public lands
72‑I
Acquisition of lands and erection of memorial buildings by adjoining villages
72‑J
Parking garages and parking spaces
72‑K
Parking facilities and appurtenances within or outside of the state highway right of way
72‑K*2
Notification of change in use of property used for recreational purposes
72‑L
Navigation and flood control improvements in cooperation with the federal government
72‑M
Appropriations for Bicentennial celebration
72‑M*2
Emergency transportation plans
72‑N
Air space and air and subsurface areas
72‑O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal
72‑P
Lease of real property by a municipality
72‑P*2
Establishment of farmers’ markets
72‑R
Adopt-a-beach stewardship program
73
Cities and villages may hold property in trust for certain purposes
74
Condemnation of real property
74‑B
Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property
74‑C
Taking of billboards
75
Limitation on acquisition of water rights in Dutchess county
76
Limitation on acquisition of water rights in Westchester and Putnam counties
77
Leases of public buildings to posts of veteran organizations, organizations of volunteer firefighters, and child care agencies
77‑A
Construction and maintenance of memorial building or monument by county or city
77‑B
Expenses of certain public officers and employees attending conventions, conferences and schools
77‑C
Per diem meal allowances for travel on official business
77‑D
Traveling expenses for applicants for public employment
77‑E
Baseball field fence leases in Yates county
77‑F
Sports field fence leases in the town of Sweden, Monroe county
77‑G
Sports field fence leases in the city of Rye, Westchester county
77‑H
Sports field fence leases in the town of New Castle, Westchester county
77‑I
Sports field fence leases in the town of Yorktown, Westchester county
78
Insurance of property
78‑B
Demolition and removal of unsafe structures
80
Discrimination against non-residents
80‑A
Purchasing of products for municipal use
81
Peddling and hawking farm produce
82
Levy to pay a final judgment
83
Limitation as to amount of money to be raised
84
Refunding illegal assessments
85
Service charge on returned checks
85‑A
Taxation of transient merchants
86
Regulation of commercial and business activities on Memorial day and Independence day
86‑A
Regulation of installation of portable electrical equipment used for amusement devices
87
Support and maintenance of charitable and other institutions
88
Disposition of stray or unwanted dogs by municipality
88*2
Catv franchises prohibited
88‑A
Merit award board to reward employees for suggestions
89
Payment of debts of illegal corporations
90
Payment of overtime compensation to public officers or employees
91
Payment of rewards for apprehension and conviction of a person or persons guilty of felony or misdemeanor
91‑A
Arson investigation
92
Vacations, sick leaves and leaves of absence of officers and employees
92‑A
Medical, surgical and hospital services or insurance for officers, employees and retired officers and employees of public corporations an...
92‑B
Audit of claims under certain contracts for administering medical assistance
92‑C
Emergency service volunteer
92‑D
Sick leave for officers and employees with a qualifying World Trade Center condition
93
Payment of certain insurance premiums for officers and employees of municipal corporations and agencies or instrumentalities thereof
93‑A
Written statement of deductions to accompany payment of salary or wages to officers or employees in certain cases
93‑B
Deductions from wages or salaries of civil service employees
93‑C
The appropriate disbursing or fiscal officer of any municipality or other political subdivision of the state is hereby authorized to dedu...
93‑D
Payroll payment by banks or trust companies
94
Earnings of municipal corporations from certain municipally operated public utility services
94‑A
Tax equivalent payments of the city of Jamestown board of public utilities
95
Youth agencies and assistance
95‑A
Programs for the aging
96
Municipal community garden activities
96‑A
Use of certain lands for the construction and operation of neighborhood youth centers
96‑A*2
Protection of historical places, buildings and works of art
96‑B
Tree conservation
97
Power of municipalities to furnish and contract for fire and police communication system
98
Operation and maintenance of railroad passenger stations in certain municipalities
98‑A
Acquisition and lease of railroad facilities
98‑B
Municipal assistance to public authorities furnishing transportation services
99
Regulation of open wells, cesspools, basins or sumps
99‑A
Use of municipally operated dumping ground by another municipality
99‑B
Receipts for money received
99‑C
Agreements for joint building inspectors by municipal corporations
99‑D
Planning for future capital improvements
99‑E
Operation, improvement and maintenance of parks
99‑F
Comprehensive sewer and water studies
99‑G
Capital program
99‑H
Participation in federal programs
99‑I
Participation in programs to promote progress and scholarship in the humanities and the arts
99‑J
Control of aquatic plant growth
99‑K
Fees to jurors or witnesses
99‑L
Fees in criminal actions and other proceedings
99‑M
Cash bail and partially secured bail bond
99‑N
Transfer and lease of ferry boats and buses
99‑O
Transfer and lease of mass commuting vehicles by the county of Suffolk
99‑P
Municipality, district corporation or school district as reciprocal insurer
99‑Q
Facilities for the unified court system
99‑R
Contracts for services
99‑S
Transfer and sale of delinquent real estate tax receivables
99‑T
Contracts with banks or trust companies for the collection of water or sewer user fees, charges, rates or rentals, or certain special ass...
99‑U
Municipal cooperation agreements for counties
99‑V
Veterans services
99‑W
Land for monument erection
99‑X
Prohibit symbols of hate
99‑Y
Internet access and communications
99‑Z
Municipal officers or employees prohibited from displaying political advertisements on public property

Accessed:
Apr. 20, 2024

Last modified:
Apr. 24, 2020

§ 92-D’s source at nysenate​.gov

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