Assembly Bill A10981

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

                                  10981

                          I N  A S S E M B L Y

                               May 5, 2010
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Governmental Employees

AN ACT to amend the civil service law and the general construction  law,
  in  relation  to  establishing a program providing for a four-day work
  week for state employees

  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 "2010 voluntary summer labor reduction act".
  S 2. The civil service law is amended by adding a new section 134-a to
read as follows:
  S 134-A.  THE  TWO  THOUSAND  TEN  VOLUNTARY  SUMMER  LABOR  REDUCTION
PROGRAM.  1.  THE  TWO  THOUSAND  TEN  VOLUNTARY  SUMMER LABOR REDUCTION
PROGRAM IS HEREBY ESTABLISHED, PROVIDING FOR A VOLUNTARY  FOUR-DAY  WORK
WEEK  FOR  STATE  EMPLOYEES.  UNDER  SUCH PROGRAM, THE WORK WEEK FOR ALL
STATE OFFICES OR UNITS THEREOF PARTICIPATING IN  THE  PROGRAM  SHALL  BE
MONDAY  THROUGH  THURSDAY  COMMENCING  JULY  FIRST, TWO THOUSAND TEN AND
ENDING SEPTEMBER FIRST, TWO THOUSAND TEN.
  2.  NO EMPLOYEE SHALL FORFEIT ANY REMUNERATION OR BENEFIT BY VIRTUE OF
THE OPERATION OF THE PROGRAM.
  3. ALL EMPLOYEES OPTING  TO  PARTICIPATE  IN  SUCH  PROGRAM  SHALL  BE
REQUIRED TO PARTICIPATE IN THE PROGRAM FROM JULY FIRST, TWO THOUSAND TEN
THROUGH SEPTEMBER FIRST, TWO THOUSAND TEN.
  4. (A) SUCH PROGRAM SHALL NOT APPLY TO POLICE OFFICERS, OR OTHER EMER-
GENCY PERSONNEL AND OTHER ESSENTIAL OFFICERS AND EMPLOYEES.
  (B)  FOR  THE  PURPOSE  OF  THIS  SUBDIVISION, "ESSENTIAL OFFICERS AND
EMPLOYEES" SHALL MEAN ANY STATE EMPLOYEES OF THE  EXECUTIVE  BRANCH  WHO
SERVE  IN  A  POSITION  RESPONSIBLE FOR PROVIDING DIRECT CARE OR CERTAIN
SECURITY SERVICES AS DETERMINED BY THE DIRECTOR  OF  THE  BUDGET  TO  BE
NECESSARY FOR THE PRESERVATION OF PUBLIC HEALTH OR SAFETY.
  5.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO REQUIRE AN EMPLOYEE
VOLUNTEERING TO PARTICIPATE IN SUCH  PROGRAM  TO  ACQUIRE  AUTHORIZATION
FROM THE AGENCY EMPLOYING SUCH EMPLOYEE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17100-01-0
              

A. 10981                            2

  6.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES OR REMEDIES OF ANY STATE EMPLOYEE PURSUANT TO  ANY  AGREEMENT
ENTERED  INTO  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR ANY OTHER
EMPLOYMENT CONTRACT.
  S 3. Section 20 of the general construction law, as amended by chapter
172 of the laws of 1988, is amended to read as follows:
  S  20. Day, computation. A number of days specified as a period from a
certain day within which or after or before which an act  is  authorized
or  required  to be done means such number of calendar days exclusive of
the calendar day from which the reckoning is made. If such period  is  a
period  of  two  days,  Saturday,  Sunday  or  a  public holiday must be
excluded from the reckoning if it is an intervening day between the  day
from  which  the  reckoning  is  made and the last day of the period. In
computing any specified period of time from a specified event,  the  day
upon  which the event happens is deemed the day from which the reckoning
is made. The day from which any specified period  of  time  is  reckoned
shall  be  excluded  in  making the reckoning.   WHENEVER ANY PAYMENT OF
MONEY, PERFORMANCE OF A CONDITION  OR  OTHER  ACTION  IS  AUTHORIZED  OR
REQUIRED  TO  BE DONE WITHIN A PERIOD OF TIME, AND SUCH PERIOD ENDS ON A
FRIDAY ON WHICH A STATE  AGENCY  WHICH  IS  A  NECESSARY  PARTY  TO  THE
PAYMENT, PERFORMANCE OR ACTION IS NOT OPEN BY VIRTUE OF PARTICIPATING IN
THE  TWO  THOUSAND TEN VOLUNTARY SUMMER LABOR REDUCTION PROGRAM PURSUANT
TO SECTION ONE HUNDRED THIRTY-FOUR-A OF  THE  CIVIL  SERVICE  LAW,  SUCH
FRIDAY  MAY BE DEEMED A "PUBLIC HOLIDAY" FOR THE PURPOSES OF TIME COMPU-
TATION.
  S 4. This act shall take effect immediately.