S T A T E O F N E W Y O R K
________________________________________________________________________
2140
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. COLTON, COOK, FALL, RIVERA, McDONOUGH, HYNDMAN,
STECK, CRUZ, DeSTEFANO, EPSTEIN -- Multi-Sponsored by -- M. of A.
WALKER -- read once and referred 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.
LBD01712-01-3