2021-2022 Regular Sessions

                    IN SENATE


                                     January 6, 2021

        Introduced by Sens. KAPLAN, HOYLMAN, JACKSON, KAMINSKY -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Civil Service and Pensions

        AN ACT to amend the civil service law, in relation to enacting the  "New
          York state teleworking expansion act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York state teleworking expansion act".
     3    §  2.  The  civil service law is amended by adding a new section 13 to
     4  read as follows:
     5    § 13. Teleworking programs.  1. Each state agency  shall  establish  a
     6  policy  and  program  to  allow employees to perform all or a portion of
     7  their duties  through teleworking to the maximum extent possible without
     8  diminished  employee performance. Each state agency  shall  designate  a
     9  "telework  coordinator" to be responsible for overseeing the implementa-
    10  tion of teleworking programs.
    11    2. For the purposes of this section, the term:
    12    (a) "telework" shall mean to perform normal and regular work functions
    13  on  a  workday that ordinarily would be performed at the state  agency's
    14  principal location at  a  different  location,  thereby  eliminating  or
    15  substantially reducing the physical commute to and from such state agen-
    16  cy's principal location; and
    17    (b)  "state  agency"  shall  mean any state department, board, bureau,
    18  division, commission, committee, public authority, public benefit corpo-
    19  ration, council, office,  or  other  governmental  entity  performing  a
    20  governmental or proprietary function for the state.
    21    3. No agency shall establish a policy pursuant to this section for any
    22  employee  that  is  subject  to a collective bargaining agreement unless
    23  such policy has been mutually agreed  to  between  the  agency  and  the

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

        S. 159                              2

     1  employee  organization that is certified or recognized to represent such
     2  employees, within the meaning  of  article  fourteen  of  this  chapter,
     3  pursuant to a collective bargaining agreement.
     4    §  3.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.