Bill Text: NY S01287 | 2019-2020 | General Assembly | Introduced

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Bill Title: Directs the governor to establish a 2 year pilot program providing a 4 day work week for certain state employees; requires the department of civil service to report on the cost saving derived from the implementation of such program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S01287 Detail]

Download: New_York-2019-S01287-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1287
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by Sens. GIANARIS, PARKER -- 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 and the general construction  law,
          in  relation  to establishing a pilot program providing for a four-day
          work week for state employees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings. The legislature finds and declares
     2  that the current economic crisis necessitates  rethinking  the  ways  in
     3  which  government  services  are  provided.  Finding  more efficient and
     4  effective means of service delivery can enable  government  agencies  to
     5  fulfill  their missions while reducing expenses. State and local govern-
     6  ments around the United States have begun to  experiment  with  four-day
     7  schedules  as  a  means  of  providing improved service to the public at
     8  lower cost. Providing for a four-day work week for many state  employees
     9  could  result  in  multiple benefits, including fiscal savings, expanded
    10  access to services for the public, reductions in energy demand,  reduced
    11  commuting   costs  and  traffic  congestion,  and  decreased  levels  of
    12  pollution resulting from reductions in energy demand and  vehicle  miles
    13  traveled.  Establishing  a  pilot  program providing for a four-day work
    14  week will assist in dealing with the current economic crisis and  enable
    15  decisionmakers to evaluate the long-term desirability of a four-day work
    16  week.
    17    § 2. The civil service law is amended by adding a new section 134-a to
    18  read as follows:
    19    §  134-a.  Four-day  work  week  pilot program. 1. Notwithstanding any
    20  other provision of law, the governor shall  establish  a  pilot  program
    21  providing  for a mandatory four-day work week for state employees. Under
    22  such program, the work week for  all  state  offices  or  units  thereof
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04394-01-9
        S. 1287                             2
     1  participating  in the program shall be eight o'clock A.M. to six o'clock
     2  P.M., Monday through Thursday.
     3    2.  The  governor  shall determine the offices or other units in state
     4  agencies that will participate in the  pilot  program.  In  making  such
     5  determinations, the governor shall evaluate:
     6    (a)  the  extent  to  which such offices or units provide an essential
     7  public service, such as law enforcement or health  care,  that  must  be
     8  provided on a continuous basis;
     9    (b) the extent to which a change to a four-day work week for a partic-
    10  ular  office  or  unit  may  have  adverse impacts on revenues or public
    11  services;
    12    (c) the ability of the state to benefit from reduced  energy  expendi-
    13  tures for leased space; and
    14    (d) such other matters as the governor may deem appropriate.
    15    3. The pilot program shall provide mechanisms for the accommodation of
    16  individual  employees who can document that they would otherwise experi-
    17  ence substantial  and  unavoidable  hardships  under  the  new  schedule
    18  adopted pursuant to this section. No employee shall forfeit any remuner-
    19  ation  or  benefit  by virtue of the operation of the pilot program, and
    20  the governor shall be authorized and empowered to vary the provisions of
    21  any statute or regulation relating to vacation  and  leave  credits,  by
    22  executive order, to ensure that no such forfeiture occurs.
    23    4.  The  governor  shall  initiate the pilot program not more than one
    24  hundred twenty days after the  effective  date  of  this  section.  Such
    25  program  shall  run for a period of not less than two years after initi-
    26  ation. The department shall prepare and make public  a  baseline  report
    27  detailing  the  operating costs, including energy usage and the costs of
    28  building maintenance, attributable to  affected  offices  and  units  of
    29  state  agencies  prior  to their participation in the pilot program. Not
    30  later than one hundred twenty days after  the  pilot  program  has  been
    31  operational  for  a full year, the department shall submit to the gover-
    32  nor, the temporary president of the senate and the speaker of the assem-
    33  bly a report comparing such baseline costs to the  energy  and  environ-
    34  mental  impacts  and  building  cost  savings  resulting  from the pilot
    35  program. Such report shall also estimate the impact of the pilot program
    36  on other variables, including  but not limited to commuter  miles  trav-
    37  eled,  commuting  costs,  and  public and employee satisfaction with the
    38  program.
    39    5. Nothing in this section shall be deemed  to  diminish  the  rights,
    40  privileges  or  remedies of any state employee pursuant to any agreement
    41  entered into pursuant to article fourteen of this chapter or  any  other
    42  employment contract.
    43    § 3. Section 20 of the general construction law, as amended by chapter
    44  172 of the laws of 1988, is amended to read as follows:
    45    §  20. Day, computation. A number of days specified as a period from a
    46  certain day within which or after or before which an act  is  authorized
    47  or  required  to be done means such number of calendar days exclusive of
    48  the calendar day from which the reckoning is made. If such period  is  a
    49  period  of  two  days,  Saturday,  Sunday  or  a  public holiday must be
    50  excluded from the reckoning if it is an intervening day between the  day
    51  from  which  the  reckoning  is  made and the last day of the period. In
    52  computing any specified period of time from a specified event,  the  day
    53  upon  which the event happens is deemed the day from which the reckoning
    54  is made. The day from which any specified period  of  time  is  reckoned
    55  shall  be  excluded  in  making the reckoning.   Whenever any payment of
    56  money, performance of a condition  or  other  action  is  authorized  or
        S. 1287                             3
     1  required  to  be done within a period of time, and such period ends on a
     2  Friday on which a state  agency  which  is  a  necessary  party  to  the
     3  payment, performance or action is not open by virtue of participating in
     4  a four-day work week pilot program pursuant to section one hundred thir-
     5  ty-four-a  of the civil service law, such Friday may be deemed a "public
     6  holiday" for the purposes of time computation.
     7    § 4. This act shall take effect immediately.