§ 92-d. Sick leave for officers and employees with a qualifying World\nTrade Center condition. 1.(a) Notwithstanding any other law, rule or\nregulation to the contrary, officers and employees of the state, a\npublic authority or any municipal corporation outside of a city with a\npopulation of one million or more who have filed and received approval\nfor such filed notice of participation in World Trade Center rescue,\nrecovery or cleanup operations or was a participant in World Trade\nCenter rescue, recovery, or cleanup operations as such term is defined\nin section one hundred sixty-one of the workers' compensation law, who\ndoes not have such filed and approved notice of participation and has\nfiled a notice of participation under section one hundred sixty-two of\nthe workers' compensation law and is now employed by the state, a public\nauthority, or any municipal corporation, and subsequently developed a\nqualifying World Trade Center condition, as defined in section two of\nthe retirement and social security law, shall, after the receipt of a\nwritten request for line of duty sick leave, be granted line of duty\nsick leave commencing on the date that such employee was diagnosed with\na qualifying World Trade Center condition regardless of whether such\nofficer or employee was employed by his or her current employer at the\ntime that such officer or employee participated in World Trade Center\nrescue, recovery or cleanup operations. The officer or employee shall be\ncompensated at his or her regular rate of pay for those regular work\nhours during which the officer or employee is absent from work due to\nhis or her qualifying World Trade Center condition. Such leave shall be\nprovided without loss of an officer or employee's accrued sick leave.\n (b) A public employer shall not take any adverse personnel action\nagainst a public employee regarding the employee's employment because\neither (i) the employee utilizes, or requests to utilize, sick leave or\nany other available leave due to a qualifying World Trade Center\ncondition, as such term is defined in section two of the retirement and\nsocial security law, or (ii) the employee utilizes or requests to\nutilize line of duty sick leave provided by this section.\n (c) For purposes of this section, an "adverse personnel action" means\nany discipline, including issuing a notice of discipline, discharge,\nsuspension, demotion, penalization, or discrimination against an\nemployee utilizing line of duty sick leave pursuant to paragraph (a) of\nthis subdivision.\n Nothing in this section shall be deemed to diminish or impair the\nrights of a public employee or employer under any law, rule, regulation\nor collectively negotiated agreement or to prohibit any personnel action\nwhich otherwise would have been taken regardless of any request to use,\nor utilization of, any sick leave or other available leave due to a\nqualifying World Trade Center condition or request to use, or\nutilization of, any line of duty sick leave provided by this section.\n 2.(a) Notwithstanding any other law, rule or regulation to the\ncontrary, officers and employees of a city with a population of one\nmillion or more who (i) do not receive benefits similar to those\nprovided by this section pursuant to a collectively bargained agreement,\nsection 14-122.1 of the administrative code of the city of New York,\nsection 15-108.1 of the administrative code of the city of New York, or\nother statutory provision and (ii) have filed and received approval for\nsuch filed notice of participation in World Trade Center rescue,\nrecovery or cleanup operations or was a participant in World Trade\nCenter rescue, recovery, or cleanup operations as such term is defined\nin section one hundred sixty-one of the workers' compensation law, who\ndoes not have such filed and approved notice of participation and has\nfiled a notice of participation under section one hundred sixty-two of\nthe workers' compensation law and is
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