Requires 60 day notice of any suspension or demotion be furnished to the employee affected, the civil service department and the appropriate employee organization

4 Co-sponsors

• Ruben Diaz
• Liz Krueger
• George Onorato
• Toby Ann Stavisky

Title of bill

An act to amend the civil service law, in relation to requiring sixty days notice to an employee prior to suspension or demotion

Purpose

To provide notice to state employees before they are laid off. While "layoff" does not appear in the civil service statute, according to the NYS Department of Civil Service REDUCTIONS IN FORCE - A MANAGERS GUIDE , a Reduction in Force (RIF) or layoff is the separation or demotion of permanent employees resulting in the abolition of positions.

Summary of provisions

The bill would require that a state agency prior to laying off an employee, give at least sixty days notice of such layoff to the employee, the employee's organization and to the State Civil Service Department.

Effects of present law which this bill would alter

Current law requires a state agency to give twenty days notice to the State Civil Service Department before an employee is laid off.

Justification

An employee who is going to be laid off needs sufficient time to seek a new job, enroll in retraining courses, or otherwise find ways to support him or herself. The legislature and governor recognized this by enacting New York's Worker Adjustment and Retraining Notification Act (Chapter 475 of the Laws of 2008). The Warn Act requires private employers with 50 or more employees to notify the workforce at least 90 days prior to a plant closing.

New York should provide its public employees with a similar notice period. Current law only requires that 20 days notice be given to the state Civil Service Department. That notice is simply inadequate. State workers who have served the people of New York and then lost their jobs through no fault of their own deserve greater recognition and the assistance needed to make the transition. Moreover, by also requiring that the notice be provided directly to a representative of the employee's organization, the employee can receive more immediate assistance in responding to the employer's layoff decision.

Legislative history

1996 - A.10676 Passed Assembly/S.7469 Died in Civil Service and Pensions Committee (similar) 1997 - A.3207 Passed Assembly/S.1985 Died in Civil Service and Pensions committee 1998 - A.3207 Passed Assembly/S.1985 Died in Civil Service and Pensions Committee

Fiscal implications for state and local governments

None.

Effective date

Immediately.