Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization; increased from the current 20 day requirement and adds that the employee must be notified personally.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S2344 REVISED 03/01/10
TITLE OF BILL : An act to amend the civil service law, in relation to requiring sixty days notice to an employee prior to suspension or demotion
PURPOSE : To provide notice to state employees before they are laid off. While "layoff" does not appear in the civil service statute, according to the NYS Department of Civil Service REDUCTIONS IN FORCE - A MANAGERS GUIDE , a Reduction in Force (RIF) or layoff is the separation or demotion of permanent employees resulting in the abolition of positions.
SUMMARY OF PROVISIONS : The bill would require that a state agency prior to laying off an employee, give at least sixty days notice of such layoff to the employee, the employee's organization and to the State Civil Service Department.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Current law requires a state agency to give twenty days notice to the State Civil Service Department before an employee is laid off.
JUSTIFICATION : An employee who is going to be laid off needs sufficient time to seek a new job, enroll in retraining courses, or otherwise find ways to support him or herself. The legislature and governor recognized this by enacting New York's Worker Adjustment and Retraining Notification Act (Chapter 475 of the Laws of 2008). The Warn Act requires private employers with 50 or more employees to notify the workforce at least 90 days prior to a plant closing.
New York should provide its public employees with a similar notice period. Current law only requires that 20 days notice be given to the state Civil Service Department. That notice is simply inadequate. State workers who have served the people of New York and then lost their jobs through no fault of their own deserve greater recognition and the assistance needed to make the transition. Moreover, by also requiring that the notice be provided directly to a representative of the employee's organization, the employee can receive more immediate assistance in responding to the employer's layoff decision.
LEGISLATIVE HISTORY : 1996 - A.10676 Passed Assembly/S.7469 Died in Civil Service and Pensions Committee (similar) 1997 - A.3207 Passed Assembly/S.1985 Died in Civil Service and Pensions committee 1998 - A.3207 Passed Assembly/S.1985 Died in Civil Service and Pensions Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2344 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to requiring sixty days notice to an employee prior to suspension or demotion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 81-a of the civil service law, as amended by chapter 140 of the laws of 1993, is amended to read as follows: 1. Establishment of reemployment rosters in the state service; general provisions. The head of any department, office or institution from which an employee in the state service is to be suspended or demoted in accordance with the provisions of section eighty or eighty-a of this article, shall, at least
[twenty]SIXTY days prior to such suspension or demotion, furnish the AFFECTED EMPLOYEE, state civil service department AND EMPLOYEE ORGANIZATION with a statement showing such employee's name, title or position, date of appointment, and the date of and reason for suspension or demotion. NOTICE GIVEN TO ANY EMPLOYEE PURSUANT TO THIS SECTION SHALL BE BY PERSONAL SERVICE OR BY CERTIFIED MAIL TO THE LAST ADDRESS FILED BY THE EMPLOYEE WITH THE EMPLOYER. Upon such employee's suspension or demotion, it shall be the duty of the department to place the name of such employee upon a reemployment roster for filling vacan- cies in any comparable position as determined by the department, except that employees suspended or demoted from positions in the non-competi- tive and labor classes may not be certified to fill vacancies in the competitive class. Such reemployment roster shall be certified for fill- ing a vacancy in any such position before certification is made from any other list, including a promotion eligible list, but not prior to a preferred list. Eligibility for reinstatement of a person whose name appears on any such reemployment roster shall not continue for a period longer than four years from the date of suspension or demotion provided,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05599-01-9 S. 2344 2
however, in no event shall eligibility for reinstatement from a reem- ployment roster continue once the person is no longer eligible for rein- statement from a preferred list. S 2. This act shall take effect immediately.