October 30, 2019 Leaves of Absence for Cancer Screening
KEEPING YOU INFORMED…
October marks Breast Cancer Awareness Month and last month was National Prostate Cancer Awareness Month. With these important causes in mind, we are writing to remind you of your obligations with respect to providing employees with paid leave for cancer screenings.
New York Civil Service Law § 159-b entitles almost all public sector employees[1] to paid leave for a sufficient period of time of no more than four hours annually for any type of cancer screening (the law was amended in 2018 to cover all screenings, not just screenings for breast or prostate cancer).
The law requires that the leave of absence be paid and excused, and not charged against any leave for which the employee is otherwise entitled. You should check your collective bargaining agreements, if any, to determine whether your employees are contractually entitled to a greater benefit than that which is provided by law.
If you have any questions regarding leaves of absence for cancer screenings, please contact Lauren Schnitzer or one of our other attorneys by calling (631) 694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2019
[1] The law applies to public officers; State employees; employees of a county, community college, public authority, public benefit corporation, BOCES, vocational education and extension board, school district or municipality; employees of participating employers in the New York State and local employees’ retirement system; and employees of participating employers in the New York State teachers’ retirement system.