Beginning March 18, 2018, public officers and employees in New York State may take paid leave to undertake cancer screening. This modifies earlier cancer screening leave laws that only applied to screening breast and prostate cancer.

According to the bill sponsors: “The purpose of this legislation is to encourage people to be screened regularly for all types of cancer by providing time off from work, thereby increasing the number of cancers caught at an early stage and improving public health.”

The amendment passed unanimously (60-0) in the New York State Senate. The Assembly passed it on a 134-6 vote.

Governor Andrew Cuomo signed the change into law on December 18, 2017, but it would not take effect for 90 days.

Who Is Eligible?

This right extends to every public officer or employee of the state or any county, community college, public authority, public benefit corporation, board of cooperative educational services, vocational education and extension board, school district, or other participating employer in the New York state and local employees’ retirement system or the New York state teachers’ retirement system.

The law does not apply to non-governmental employers in the private sector.

What Type of Cancer Screening?

Any kind.

Where Section 159-b of the New York Civil Service Law previously referred to screening for “breast cancer,” it now simply says “cancer.”

The only change in the entire law was to delete that single word twice. But that small change significantly expands the leave available to public employees.

(Note: Another section of the Civil Service Law that provided leave for prostate cancer screening was simultaneously repealed as redundant.)

How Does the Leave Work?

If the employee seeks time off for cancer screening, the employer must excuse the absence with pay. The employer cannot charge the leave against any other leave available to the employee (e.g., PTO, vacation, or sick leave). This paid cancer screening leave is available for up to 4 hours per year.

Employers may require all employees taking paid cancer screening leave to provide a written referral from a physician or other health care provider.

What Do Public Employers Need to Do?

At a minimum, New York public employers must accept requests for time off for cancer screening beginning March 18, 2018. Governmental entities that have policies in place for breast cancer and prostate cancer screening leaves should amend them.

Employers should expect more requests for cancer screening leave now that the law covers all forms of cancer.