S T A T E   O F   N E W   Y O R K
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                                  5811--A
     Cal. No. 773
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- reported favorably from said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  to  amend  the  civil service law, in relation to requiring the
   president of the civil service commission to  prepare  and  deliver  a
   bienniel  report relating to current programs within each state agency
   that allow for alternative work schedules or flexible work hours
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 7 of the civil service law is amended by adding a
 new subdivision 7 to read as follows:
   7. THE PRESIDENT, IN COORDINATION WITH THE OFFICE OF INFORMATION TECH-
 NOLOGY SERVICES, SHALL PREPARE A BIENNIAL REPORT ON OR BEFORE THE  FIRST
 DAY  OF SEPTEMBER BEGINNING SEPTEMBER TWO THOUSAND EIGHTEEN TO BE ISSUED
 TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF  THE  SENATE,
 THE  MINORITY  LEADER  OF  THE  ASSEMBLY, AND THE MINORITY LEADER OF THE
 SENATE. SUCH REPORT SHALL DETAIL CURRENT PROGRAMS WITHIN STATE  AGENCIES
 THAT  ALLOW  FOR  ALTERNATIVE WORK SCHEDULES OR FLEXIBLE WORK HOURS, THE
 POSITIVE AND NEGATIVE EXPERIENCES FOR AGENCIES IN UTILIZING  ALTERNATIVE
 WORK  SCHEDULES  OR  FLEXIBLE  WORK  HOURS,  WHETHER  LEGAL OR PRACTICAL
 REASONS AFFECT THE ABILITY TO OFFER SUCH  SCHEDULES,  AND  ANY  EXISTING
 PLANS  AGENCIES  MAY HAVE FOR EXPANDING OR CONTRACTING OPTIONS AVAILABLE
 TO EMPLOYEES.  THE PRESIDENT SHALL COMPILE INPUT FROM AGENCIES  PURSUANT
 TO  THIS SUBDIVISION, AND EACH AGENCY SHALL PROVIDE ALL AVAILABLE INFOR-
 MATION UPON REQUEST TO THE PRESIDENT.  HOWEVER, NO PLAN REGARDING ALTER-
 NATIVE WORK SCHEDULES OR FLEXIBLE WORK HOURS SHALL  BE  IMPLEMENTED  AND
 CANNOT  BE ENFORCED WITH REGARD TO EMPLOYEES REPRESENTED BY A BARGAINING
 UNIT UNLESS AND UNTIL SUCH PLAN  IS  IMPLEMENTED  THROUGH  A  COLLECTIVE
 BARGAINING  AGREEMENT.  THE  PRESIDENT SHALL ALSO INCLUDE AN ANALYSIS ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11333-02-7

 S. 5811--A                          2
 
 ANY FINDINGS OF BEST PRACTICES AMONG AGENCIES AND WHETHER  AGENCIES  CAN
 ADOPT  ADDITIONAL PRACTICES TO PROVIDE ALTERNATIVE SCHEDULES OR FLEXIBLE
 WORK HOURS. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE  WORK  SCHED-
 ULES OR FLEXIBLE WORK HOURS" SHALL MEAN AN ONGOING SCHEDULE MODIFICATION
 THAT  APPLIES  TO  MORE  THAN ONE EMPLOYEE IN A DESCRIBED BUSINESS UNIT;
 ALTERNATIVE WORK SCHEDULES SHALL NOT INCLUDE VOLUNTARY REDUCTION IN WORK
 SCHEDULE AGREEMENTS AND INDIVIDUALIZED WORK SCHEDULES.
   § 2. This act shall take effect immediately.