S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   206

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. LANCMAN, CLARK -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to enacting  the
  "public authorities teleworking expansion act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "public authorities teleworking expansion act".
  S  2.  The  public  authorities law is amended by adding a new section
2854 to read as follows:
  S 2854. TELEWORKING PROGRAMS. 1. EVERY AUTHORITY WITH  TWENTY-FIVE  OR
MORE  EMPLOYEES  SHALL  ESTABLISH  A  POLICY  AND  PROGRAM TO ALLOW SUCH
EMPLOYEES TO PERFORM ALL OR A PORTION OF THEIR DUTIES THROUGH  TELEWORK-
ING  TO THE MAXIMUM EXTENT POSSIBLE WITHOUT DIMINISHED EMPLOYEE PERFORM-
ANCE, PROVIDED THAT ANY PUBLIC  AUTHORITY  WITH  A  UNIONIZED  WORKFORCE
SHALL  ENGAGE  IN  COLLECTIVE  BARGAINING  PRIOR  TO ESTABLISHING SUCH A
PROGRAM FOR ITS UNIONIZED EMPLOYEES. EACH AUTHORITY  SHALL  DESIGNATE  A
"TELEWORK  COORDINATOR" TO BE RESPONSIBLE FOR OVERSEEING THE IMPLEMENTA-
TION OF TELEWORKING PROGRAMS.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "TELEWORK" SHALL MEAN TO
PERFORM NORMAL AND REGULAR WORK FUNCTIONS ON  A  WORKDAY  AT  HOME  THAT
ORDINARILY  WOULD  BE PERFORMED AT THE AUTHORITY'S LOCATION OR FACILITY,
THEREBY ELIMINATING OR SUBSTANTIALLY REDUCING THE  PHYSICAL  COMMUTE  TO
AND FROM SUCH AUTHORITY'S PRINCIPAL LOCATION.
  3.  PRIOR  TO ESTABLISHING A TELEWORKING PROGRAM, EACH AUTHORITY SHALL
DETERMINE WHETHER OR NOT SUCH PROGRAM IS COST  EFFECTIVE.  EACH  PARTIC-
IPATING  AUTHORITY  SHALL  THEN DEFINE WHO IS ELIGIBLE TO PARTICIPATE IN
SUCH PROGRAM, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING CONDITIONS AND
CRITERIA:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01238-01-1
              

A. 206                              2

  (A) THAT THE EMPLOYEE HAS BEEN A PERMANENT EMPLOYEE AND HAS HELD THEIR
JOB TITLE FOR AT LEAST SIXTY DAYS;
  (B)  THAT  THE  AUTHORITY  HAS  DETERMINED  THAT  THE FULL RANGE OF AN
EMPLOYEE'S JOB CAN BE READILY AND EFFECTIVELY COMPLETED AT AN  ALTERNATE
SITE;
  (C)  THE  AUTHORITY  DETERMINES  THAT  THE EMPLOYEE'S ABSENCE FROM THE
OFFICE IS NOT DETRIMENTAL TO OFFICE OPERATIONS;
  (D) THE EMPLOYEE'S PERFORMANCE HAS BEEN SATISFACTORY OR BETTER;
  (E) BOTH THE EMPLOYEE AND EMPLOYER HAVE SIGNED  A  FORMAL  ARRANGEMENT
THAT CLEARLY DELINEATES THE TELEWORKING RELATIONSHIP; AND
  (F)  THE  AUTHORITY  HAS DETERMINED THAT SUCH A TELEWORKING PROGRAM IS
COST EFFECTIVE.
  4. PARTICIPATION IN A TELEWORKING PROGRAM SHALL NOT BE THE  BASIS  FOR
CHANGES IN SALARY OR BENEFITS.
  5.  TELEWORKING  POLICIES  OF  EACH  PARTICIPATING  AUTHORITY SHALL BE
DELIVERED TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESIDENT
OF  THE  SENATE,  AND  CHAIRS  OF  THE  ASSEMBLY AND SENATE CORPORATIONS
COMMITTEES.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.