July 28, 2008
Paterson signs cancer screening bill, but warns not again
After offering reasons to veto it, Governor David Paterson signed a bill giving public employees an extra half day of paid leave annually for breast or prostate cancer screening.
In doing so, however, he fired a warning: expect a veto next time.
The governor, alluding to other proposed cancer screening measures, said:
I do not believe, however, that every legitimate health purpose can be served by proliferation of such leaves. I think the time has come to limit their further expansion.
In an unusual move, Paterson last week solicited additional advice on whether to sign or veto the bill. For background, see here and here.
In his approval message, Paterson noted:
Proponents stressed the role that such leave can play in early detection of these terrible illnesses....Opponents [say paid leaves] can impose a hardship on employers, that existing sick and personal leave time could be used for such screenings, and that the benefit could be achieved through collective bargaining.
Paterson's Approval Memorandum No. 20 (Chapter 391) has been posted by the Empire Center here.
Existing laws granted state and local government employees (outside New York City) annual leaves of up to four hours for breast cancer and prostate cancer screening. The time could not be deducted from sick, personal or vacation time. Disputes over whether employees must be paid triggered lawsuits.
The new law mandates paid leave. It extends coverage to employees of community colleges, BOCES and public authorities.
According to Paterson, signing the bill into law would clarify existing law and avert litigation.
As the head of 200,000-employee workforce, Paterson is sympathetic to arguments of local governments, which urged a veto. Paid leaves, he said, may impose "significant costs" when replacement workers are hired or productivity is disrupted.
Expressing concern about the number of medical leave bills, Paterson advised against assuming that since he approved this bill he'd approve others. "To the contrary, I think this bill provides a good opportunity to set a boundary," he wrote.
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