Assembly Bill A11245

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11245
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to authorizing  work-
   force  stabilization  leave  and  alternative compensation for certain
   correctional employees  during  a  qualifying  emergency  period;  and
   providing for the repeal of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 82-d to read as follows:
   §  82-D.  WORKFORCE  STABILIZATION  LEAVE DURING CORRECTIONAL STAFFING
 EMERGENCIES. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION.
   (B) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION.
   (C)  "CORRECTIONAL  FACILITY" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SECTION TWO OF THE CORRECTION LAW.
   (D) "STAFFING EMERGENCY" SHALL MEAN A CONDITION IN WHICH:
   (I) THE VACANCY RATE  FOR  CORRECTIONAL  OFFICER  POSITIONS  WITHIN  A
 FACILITY OR STATEWIDE EXCEEDS TEN PERCENT;
   (II)  MANDATORY  OVERTIME  EXCEEDS  AN  AVERAGE  OF  SIXTEEN HOURS PER
 EMPLOYEE PER WEEK OVER A FOUR-WEEK PERIOD; OR
   (III) OTHER CRITICAL OPERATIONAL CRITERIA ESTABLISHED BY  THE  COMMIS-
 SIONER IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET ARE MET.
   (E) "QUALIFYING EMERGENCY PERIOD" SHALL MEAN:
   (I)  A  STAFFING  EMERGENCY  DECLARED  BY THE COMMISSIONER PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION; OR
   (II) A DISASTER EMERGENCY DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF
 THE EXECUTIVE LAW THAT AFFECTS  STAFFING  LEVELS  OR  OPERATIONS  WITHIN
 CORRECTIONAL FACILITIES.
   (F)  "ELIGIBLE  EMPLOYEE" SHALL MEAN ANY PUBLIC OFFICER OR EMPLOYEE OF
 THE STATE EMPLOYED AS  A  CORRECTIONAL  OFFICER  OR  OTHERWISE  DIRECTLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15732-01-6
              

 A. 11245                            2
 
 INVOLVED IN THE CUSTODY AND SUPERVISION OF INCARCERATED INDIVIDUALS AT A
 STATE CORRECTIONAL FACILITY.
   2.  DECLARATION  AND  REPORTING.  (A)  THE  COMMISSIONER MAY DECLARE A
 STAFFING EMERGENCY FOR A SPECIFIC FACILITY, REGION, OR STATEWIDE, UPON A
 WRITTEN DETERMINATION THAT CONDITIONS DEFINED IN PARAGRAPH (D) OF SUBDI-
 VISION ONE OF THIS SECTION HAVE BEEN MET.
   (B) ANY SUCH DECLARATION SHALL:
   (I) SPECIFY THE AFFECTED FACILITIES OR REGIONS;
   (II) INCLUDE THE FACTUAL BASIS AND DATA SUPPORTING  SUCH  DECLARATION;
 AND
   (III) BE POSTED PUBLICLY ON THE DEPARTMENT'S WEBSITE WITHIN FIVE BUSI-
 NESS DAYS.
   3.  WORKFORCE  STABILIZATION  LEAVE. (A) DURING A QUALIFYING EMERGENCY
 PERIOD, ELIGIBLE EMPLOYEES WHO HAVE PERFORMED ACTIVE DUTY FOR A  MINIMUM
 OF  TEN DAYS IN A CALENDAR MONTH MAY REQUEST UP TO THREE DAYS OF NON-CU-
 MULATIVE WORKFORCE STABILIZATION LEAVE PER CALENDAR MONTH.
   (B) SUCH LEAVE SHALL BE SUBJECT TO OPERATIONAL NEEDS AND SHALL NOT  BE
 UNREASONABLY DENIED.
   (C) THE DEPARTMENT SHALL MAKE REASONABLE EFFORTS TO EQUITABLY DISTRIB-
 UTE APPROVAL OF SUCH LEAVE AMONG EMPLOYEES.
   4.  ALTERNATIVE COMPENSATION. (A) WHERE AN ELIGIBLE EMPLOYEE IS UNABLE
 TO UTILIZE THEIR WORKFORCE STABILIZATION LEAVE DURING A  CALENDAR  MONTH
 DUE  TO  OPERATIONAL NECESSITY, OR WHERE A FORMAL REQUEST FOR SUCH LEAVE
 IS DENIED, SUCH EMPLOYEE SHALL RECEIVE ALTERNATIVE COMPENSATION.
   (B) SUCH ALTERNATIVE COMPENSATION SHALL BE CALCULATED AT A RATE NOT TO
 EXCEED ONE AND ONE-HALF TIMES THE EMPLOYEE'S REGULAR HOURLY RATE OF  PAY
 INDEPENDENT  OF  SHIFT  DIFFERENTIALS,  LOCATION  PAY,  OR OTHER PREMIUM
 PAYMENTS, FOR THE EQUIVALENT HOURS OF  SUCH  EMPLOYEE'S  STANDARD  DAILY
 SCHEDULED  SHIFT  FOR EACH DAY OF DENIED LEAVE. SUCH ALTERNATIVE COMPEN-
 SATION SHALL BE PAID NO LATER THAN THE SECOND PAYROLL  PERIOD  FOLLOWING
 THE MONTH IN WHICH THE LEAVE WAS DENIED OR UNUSED.
   (C)  TOTAL  ALTERNATIVE  COMPENSATION UNDER THIS SUBDIVISION SHALL NOT
 EXCEED THE EQUIVALENT OF THREE DAYS PER MONTH PER EMPLOYEE.
   (D) COMPENSATION PROVIDED PURSUANT TO THIS SUBDIVISION  SHALL  NOT  BE
 CONSIDERED  SALARY  OR  WAGES  FOR  THE PURPOSES OF COMPUTING RETIREMENT
 SYSTEM BENEFITS.
   5. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION  SHALL  BE
 CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH
 ACCRUE  TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS,
 OR OTHERWISE DIMINISH THE INTEGRITY OF THE EXISTING COLLECTIVE  BARGAIN-
 ING RELATIONSHIP.
   6. RULES AND REGULATIONS. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE
 ANY  RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   7. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF
 THIS SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
 BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,  OR  INVALIDATE  THE
 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
 SENTENCE,  PARAGRAPH,  OR  SUBDIVISION  THEREOF DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
 BY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION  WOULD
 HAVE  BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED
 HEREIN.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall expire five years after such effective date
 when upon such date the provisions of this act shall be deemed repealed.