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Senate Bill S358

2021-2022 Legislative Session

Requires that an employee, who is transferred from one state agency to another because his or her previous position was eliminated, be entitled to certain benefits

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2021-S358 (ACTIVE) - Details

See Assembly Version of this Bill:
A4119
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4850
2011-2012: A2298
2013-2014: A1256
2015-2016: A4744
2017-2018: A4421
2019-2020: S3870, A4600
2023-2024: S6422, A2140
2025-2026: S1267, A3176

2021-S358 (ACTIVE) - Summary

Provides that an employee whose position is eliminated for certain reasons and who is subsequently transferred to a different agency be entitled to the same hourly salary; retain all accrued sick leave; retain, cash out or use all accrued vacation time; and be paid relocation expenses.

2021-S358 (ACTIVE) - Sponsor Memo

2021-S358 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    358
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. PERSAUD, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to requiring that state agen-
   cies must protect salary and benefits of employees whose positions are
   eliminated as a result of privatization, reorganization, closure or  a
   reduction in work force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  202-n  to
 read as follows:
   §  202-N.  SALARY  AND  BENEFITS  PROTECTION  -  EMPLOYEE TRANSFER. AN
 EMPLOYEE WHOSE POSITION IS ELIMINATED  AS  A  RESULT  OF  PRIVATIZATION,
 REORGANIZATION  OF  AN  AGENCY, CLOSURE OF OR A REDUCTION IN FORCE AT AN
 AGENCY, OR OTHER ACTIONS BY THE  LEGISLATURE  AND  WHO  IS  SUBSEQUENTLY
 TRANSFERRED TO A DIFFERENT POSITION IN A STATE AGENCY IS ENTITLED TO:
   1.  THE  SAME HOURLY SALARY AS PREVIOUSLY RECEIVED IF THE NEW POSITION
 IS AT THE SAME GRADE LEVEL OR HIGHER AS THE ONE PREVIOUSLY HELD;
   2. RETAIN ALL ACCRUED SICK LEAVE CREDITS;
   3. RETAIN, CASH OUT, OR USE ACCRUED VACATION LEAVE CREDITS  TO  EXTEND
 THE EMPLOYEE'S EFFECTIVE LAYOFF DATE; AND
   4. RELOCATION EXPENSES WHICH MUST BE PAID BY THE HIRING AGENCY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03247-01-1

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