Relates to abolition of positions occupied by public employees absent on military duty; mandates compliance with the Federal Employment and Reemployment Rights Act of 1994; prohibits abolition of positions based solely upon the fact that the positions are filled by individuals engaged in military duty.
Ayes (29): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Duane, Oppenheimer, Parker, Perkins, Stavisky, Stewart-Cousins
Ayes W/R (6): Krueger, Gianaris, Kruger, Montgomery, Peralta, Rivera
TITLE OF BILL: An act to amend the military law and the civil service law, in relation to abolition of positions occupied by public employees absent on military duty
PURPOSE OR GENERAL IDEA OF BILL: Relates to abolition of positions occupied by public employees absent on military duty
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 243 of the military law is amended by adding a new subdivision 10-b to state that if a public employer consolidates, abolishes, displaces, or demotes a position in accordance with section eighty, eight-a, or eighty-five of the civil service law, which is occupied by a public employee currently on active duty with the armed forces of the United States, as pursuant to title ten, fourteen, or thirty-two of the United States code, such employer shall comply with subdivisions eleven and twelve of this section, and, upon the termination of the public employee's active duty, as defined in title ten, fourteen, or thirty-two of the United States code, such public employer shall provide full re-employment rights warranted to such employee under the Federal Uniformed Services Employment and Reemployment Rights Act of 1994, provided, however, the right of reemployment under this subdivision does not entitle such employee to displacement rights over any person with greater seniority. Such public employer shall not abolish any position or positions solely based upon the fact that the position or positions are currently filled by an individual or individuals engaged in military duty. Subdivision 11 of section 243 of the military is amended to make technical corrections referencing sections eighty-one of the civil service law, and sections twenty-five hundred ten, twenty-five hundred eighty-five and twenty-five hundred eighty-eight of the education law.
Section 2: Subdivision 1 of section 81 of the civil service law is amended to make technical corrections and to state that an employee whose name was placed on a preferred list and at the time of such placement was on active duty with the armed forces of the United States, as pursuant to title ten, fourteen or thirty-two of the United States code, shall not be eligible for employment reinstatement for a period longer than four years after the termination of military duty.
Section 3: The civil service law is amended by adding a new section 88 which prohibits against discrimination against public employees serving in the armed forces and states that no public employer shall deny employment, re-employment, or any benefit of employment to any person or employee based on the prospective, current or past enlistment, appointment or commission with the armed forces of the United States. Such person or persons shall be afforded full enforcement rights under
the laws of this state and of the United States, including the Federal Uniformed Services Employment and Reemployment Act of 1994.
Section 4: States the effective date.
JUSTIFICATION: In late 2010, the Metropolitan Transportation Authority (MIA) allowed several service members to be laid off while they are serving overseas due to the authority's downsizing.
This is an outrage. Even if it is legal for the MTA to let someone go while they are serving their country in a time of war, it should not be done. Our servicemen and women sacrifice their time and put their family lives and careers on hold to defend each one of our rights and freedoms.
For their service, they should be thanked, not sent to the unemployment line.
The MTA's interpretation of the Soldiers and Sailors Civil Relief Act is that a downsizing public employer doesn't have to make an exception for soldiers on leave from their civilian jobs. In the absence of common decency, this can be rectified with legislation.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4583--A 2011-2012 Regular Sessions IN SENATE April 12, 2011 ___________Introduced by Sens. BALL, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- reported favorably from said commit- tee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the military law and the civil service law, in relation to abolition of positions occupied by public employees absent on mili- tary duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11 of section 243 of the military law, as added by chapter 420 of the laws of 1953, is amended and a new subdivision 10-b is added to read as follows: 10-B. IF A PUBLIC EMPLOYER CONSOLIDATES, ABOLISHES, DISPLACES, OR DEMOTES A POSITION, IN ACCORDANCE WITH SECTION EIGHTY, EIGHTY-A OR EIGHTY-FIVE OF THE CIVIL SERVICE LAW, WHICH IS OCCUPIED BY A PUBLIC EMPLOYEE CURRENTLY ON ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, AS PURSUANT TO TITLE TEN, FOURTEEN OR THIRTY-TWO OF THE UNITED STATES CODE, SUCH EMPLOYER SHALL COMPLY WITH SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION AND, UPON THE TERMINATION OF THE PUBLIC EMPLOY- EE'S ACTIVE DUTY, AS DEFINED IN TITLE TEN, FOURTEEN OR THIRTY-TWO OF THE UNITED STATES CODE, SUCH PUBLIC EMPLOYER SHALL PROVIDE FULL RE-EMPLOY- MENT RIGHTS WARRANTED TO SUCH EMPLOYEE UNDER THE FEDERAL UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994, PROVIDED, HOWEVER, THE RIGHT OF RE-EMPLOYMENT UNDER THIS SUBDIVISION DOES NOT ENTITLE SUCH EMPLOYEE TO DISPLACEMENT RIGHTS OVER ANY PERSON WITH GREAT- ER SENIORITY. SUCH PUBLIC EMPLOYER SHALL NOT ABOLISH ANY POSITION OR POSITIONS SOLELY BASED UPON THE FACT THAT THE POSITION OR POSITIONS ARE CURRENTLY FILLED BY AN INDIVIDUAL OR INDIVIDUALS ENGAGED IN MILITARY DUTY.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05550-08-1 S. 4583--A 2
11. Preferred lists. If the position occupied by a public employee is abolished prior to the termination of his military duty his name shall be placed forthwith upon a preferred list, as herein provided. Public employees in the competitive class of the civil service shall have their names placed upon a preferred eligible list, pursuant to the provisions of section
[thirty-one]EIGHTY-ONE of the civil service law and public employees subject to [section twenty-five hundred thirty-five]SECTIONS TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE AND TWENTY-FIVE HUNDRED EIGHTY-EIGHT of the education law shall have their names placed upon a preferred list as provided in such section. S 2. Subdivision 1 of section 81 of the civil service law, as amended by chapter 283 of the laws of 1972, is amended to read as follows: 1. Establishment of preferred lists; general provisions. The head of any department, office or institution in which an employee is suspended or demoted in accordance with the provisions of sections eighty and eighty-a of this [chapter]TITLE shall, upon such suspension or demotion, furnish the state civil service department or appropriate municipal commission, as the case may be, a statement showing his name, title or position, date of appointment, and the date of and reason for suspension or demotion. It shall be the duty of such civil service department or commission, as the case may be, forthwith to place the name of such employee upon a preferred list, together with others who may have been suspended or demoted from the same or similar positions in the same jurisdictional class, and to certify such list, as hereinafter provided, for filling vacancies in the same jurisdictional class; first, in the same or similar position; second, in any position in a lower grade in line of promotion; and third, in any comparable position. Such preferred list shall be certified for filling a vacancy in any such position before certification is made from any other list, including a promotion eligible list, notwithstanding the fact that none of the persons on such preferred list was suspended from or demoted in the department or suspension and demotion unit in which such vacancy exists. No other name shall be certified from any other list for any such posi- tion until such preferred list is exhausted. The eligibility for rein- statement of a person whose name appears on any such preferred list shall not continue for a period longer than four years from the date of separation or demotion. AN EMPLOYEE WHOSE NAME WAS PLACED ON THE PREFERRED LIST AND AT THE TIME OF SUCH PLACEMENT WAS ON ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, AS PURSUANT TO TITLE TEN, FOUR- TEEN OR THIRTY-TWO OF THE UNITED STATES CODE, SHALL NOT BE ELIGIBLE FOR EMPLOYMENT REINSTATEMENT FOR A PERIOD LONGER THAN FOUR YEARS AFTER THE DATE OF TERMINATION OF MILITARY DUTY. S 3. The civil service law is amended by adding a new section 88 to read as follows: S 88. PROHIBITION AGAINST DISCRIMINATION AGAINST PUBLIC EMPLOYEES SERVING IN THE ARMED FORCES. NO PUBLIC EMPLOYER, AS DEFINED IN SUBDIVI- SION SIX OF SECTION TWO HUNDRED ONE OF THIS CHAPTER, SHALL DENY EMPLOY- MENT, RE-EMPLOYMENT OR ANY BENEFIT OF EMPLOYMENT TO ANY PERSON OR EMPLOYEE BASED ON PROSPECTIVE, CURRENT OR PAST ENLISTMENT, APPOINTMENT OR COMMISSION WITH THE ARMED FORCES OF THE UNITED STATES. SUCH PERSON OR EMPLOYEE SHALL BE AFFORDED FULL ENFORCEMENT RIGHTS UNDER THE LAWS OF THIS STATE AND OF THE UNITED STATES, INCLUDING THE FEDERAL UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994. S 4. This act shall take effect immediately.