The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1411
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC, COLTON, SIMON, WOERNER, L. ROSENTHAL,
   LUPARDO, FORREST, BRONSON, SANTABARBARA, MAMDANI -- Multi-Sponsored by
   -- M. of A. FAHY -- read once and referred to the Committee on Govern-
   mental Employees
 
 AN ACT to amend the civil service law, in relation to enacting the  "New
   York state teleworking expansion act"

   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 "New York state teleworking expansion act".
   §  2.  The  civil service law is amended by adding a new section 13 to
 read as follows:
   § 13. TELEWORKING PROGRAMS.  1. EACH STATE AGENCY  SHALL  ESTABLISH  A
 POLICY  AND  PROGRAM  TO  ALLOW EMPLOYEES TO PERFORM ALL OR A PORTION OF
 THEIR DUTIES  THROUGH TELEWORKING TO THE MAXIMUM EXTENT POSSIBLE WITHOUT
 DIMINISHED  EMPLOYEE PERFORMANCE. EACH STATE AGENCY  SHALL  DESIGNATE  A
 "TELEWORK  COORDINATOR" TO BE RESPONSIBLE FOR OVERSEEING THE IMPLEMENTA-
 TION OF TELEWORKING PROGRAMS.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM:
   (A) "TELEWORK" SHALL MEAN TO PERFORM NORMAL AND REGULAR WORK FUNCTIONS
 ON  A  WORKDAY THAT ORDINARILY WOULD BE PERFORMED AT THE STATE  AGENCY'S
 PRINCIPAL LOCATION AT  A  DIFFERENT  LOCATION,  THEREBY  ELIMINATING  OR
 SUBSTANTIALLY REDUCING THE PHYSICAL COMMUTE TO AND FROM SUCH STATE AGEN-
 CY'S PRINCIPAL LOCATION; AND
   (B)  "STATE  AGENCY"  SHALL  MEAN ANY STATE DEPARTMENT, BOARD, BUREAU,
 DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
 RATION, COUNCIL, OFFICE,  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING  A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
   3. NO AGENCY SHALL ESTABLISH A POLICY PURSUANT TO THIS SECTION FOR ANY
 EMPLOYEE  THAT  IS  SUBJECT  TO A COLLECTIVE BARGAINING AGREEMENT UNLESS
 SUCH POLICY HAS BEEN MUTUALLY AGREED  TO  BETWEEN  THE  AGENCY  AND  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00542-01-3

 A. 1411                             2
 
 EMPLOYEE  ORGANIZATION THAT IS CERTIFIED OR RECOGNIZED TO REPRESENT SUCH
 EMPLOYEES, WITHIN THE MEANING  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER,
 PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.