senate Bill S2344

Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2009
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 24 / Mar / 2009
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Jan / 2010
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 26 / Jan / 2010
    • REPORTED AND COMMITTED TO FINANCE
  • 15 / Jun / 2010
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2010
    • ORDERED TO THIRD READING CAL.990
  • 16 / Jun / 2010
    • PASSED SENATE
  • 16 / Jun / 2010
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2010
    • REFERRED TO GOVERNMENTAL EMPLOYEES

Summary

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Bill Details

See Assembly Version of this Bill:
A2763
Versions:
S2344
Legislative Cycle:
2009-2010
Current Committee:
Law Section:
Civil Service Law

Sponsor Memo

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.
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The Bill text is not available.

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