Bill S1381-2011

Enacts the "public authorities teleworking expansion act"

Enacts the "public authorities teleworking expansion act"; provides that each public authority with twenty-five or more employees shall establish a policy and program to allow employees to perform all or a portion of their duties through teleworking to the maximum extent possible without diminished employee performance; defines the term "telework" to mean to perform normal and regular work functions 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; requires that prior to establishing a teleworking program, each authority shall determine whether or not such program is cost effective; further provides that each participating authority shall then define who is eligible to participate in such program, including but limited to the certain conditions and criteria.

Details

Actions

  • Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 7, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S1381

TITLE OF BILL: An act to amend the public authorities law, in relation to enacting the "teleworking expansion act"

PURPOSE OR GENERAL IDEA OF BILL: To increase teleworking by employees of public authorities and thereby reduce commuting by authority employees.

SUMMARY OF SPECIFIC PROVISIONS: The public authorities law is amended by the addition of section 2852 to require all authorities with twenty five or more employees to establish a policy and program to allow employees to perform some or all of their duties through telework and designate a telework coordinator to oversee teleworking programs.

JUSTIFICATION: Concerns about the impact of pollution and congestion created by automobile traffic requires that the public sector work to reduce, as much as is practical, the need for employees to travel as part of their official duties.

PRIOR LEGISLATIVE HISTORY: 2010: Referred to Corporations, Authorities & Commissions 2009: Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1381 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed 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:
(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.

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