S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4850

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. ALESSI -- 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-l to
read as follows:
  S 202-L. 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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08044-01-9