NY State Senate Bill 2023-S6422

Senate Bill S6422

2023-2024 Legislative Session

Requires that a state employee, who is transferred from one state agency to another because his or her previous position was eliminated, be entitled to certain benefits

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to labor
Apr 19, 2023	referred to labor

2023-S6422 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3870
2021-2022: S358
2025-2026: S1267

2023-S6422 (ACTIVE) - Summary

Provides that a state employee whose position is eliminated for certain reasons and who is subsequently transferred to a different agency be entitled to the same hourly salary; retain all accrued sick leave; retain, cash out or use all accrued vacation time; and be paid relocation expenses.

2023-S6422 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6422

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring that state agen-
cies must protect salary and benefits of state employees whose positions
are eliminated as a result of privatization, reorganization, closure or
a reduction in work force

 
PURPOSE:

Protects a state employee's salary and benefits in the event of the
elimination of their position due to certain employee actions.

 
SUMMARY OF PROVISIONS:

Section 1 states that a state employee is entitled to retain their sala-
ry and benefits and receive payment for relocation expenses if their
position is eliminated.

JUSTIFICATION:

In 2005, the Department of Labor (DOL) commenced the relocation of
offices from New York City to Troy, NY 150 miles away. Employees who
contemplated moving to the new office faced certain relocation costs,
highlighting the need to increase job security for state employees.  The
pandemic further emphasized the need to guarantee state employee bene-
fits for employee retention. A 2022 report by the U.S. Bureau of Labor
Statistics found that New York State faced steeper declines in labor
force participation rates than the rest of the nation in 2020 (1.7
percent and 1.3 percent, respectively), a trend that continued into
2021. This bill aims to increase job security for state employees by
providing additional protection for state employee benefits who lose
their positions for reasons beyond their control.

 
LEGISLATIVE HISTORY:

2021: s358 referred to Senate Labor Committee

2019 - 2020: S3780 referred to Senate Labor Committee

2013 - 2014: A1256 referred to Assembly Labor Committee

2011 - 2012: A2298 referred to Assembly Labor Committee

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6422 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6422
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed 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 state employees  whose  posi-
   tions  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 - STATE EMPLOYEE  TRANSFER.  A
 STATE  EMPLOYEE  WHOSE  POSITION IS ELIMINATED AS A RESULT OF PRIVATIZA-
 TION, 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.
                                                            LBD01712-02-3

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