Bill Text: NY A00206 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the "public authorities teleworking expansion act"; provides that each public authority with twenty-five or more employees shall establish a policy and program to allow employees to perform all or a portion of their duties through teleworking to the maximum extent possible without diminished employee performance; defines the term "telework" to mean to perform normal and regular work functions at home that ordinarily would be performed at the authority's location or facility, thereby eliminating or substantially reducing the physical commute to and from such authority's principal location; requires that prior to establishing a teleworking program, each authority shall determine whether or not such program is cost effective; further provides that each participating authority shall then define who is eligible to participate in such program, including, but not limited to the certain conditions and criteria.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-01-05 - referred to corporations, authorities and commissions [A00206 Detail]

Download: New_York-2009-A00206-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          206
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. LANCMAN, CLARK -- read once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to enacting  the
         "public authorities 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 "public authorities teleworking expansion act".
    3    S  2.  The  public  authorities law is amended by adding a new section
    4  2854 to read as follows:
    5    S 2854. TELEWORKING PROGRAMS. 1. EVERY AUTHORITY WITH  TWENTY-FIVE  OR
    6  MORE  EMPLOYEES  SHALL  ESTABLISH  A  POLICY  AND  PROGRAM TO ALLOW SUCH
    7  EMPLOYEES TO PERFORM ALL OR A PORTION OF THEIR DUTIES THROUGH  TELEWORK-
    8  ING  TO THE MAXIMUM EXTENT POSSIBLE WITHOUT DIMINISHED EMPLOYEE PERFORM-
    9  ANCE, PROVIDED THAT ANY PUBLIC  AUTHORITY  WITH  A  UNIONIZED  WORKFORCE
   10  SHALL  ENGAGE  IN  COLLECTIVE  BARGAINING  PRIOR  TO ESTABLISHING SUCH A
   11  PROGRAM FOR ITS UNIONIZED EMPLOYEES. EACH AUTHORITY  SHALL  DESIGNATE  A
   12  "TELEWORK  COORDINATOR" TO BE RESPONSIBLE FOR OVERSEEING THE IMPLEMENTA-
   13  TION OF TELEWORKING PROGRAMS.
   14    2. FOR THE PURPOSES OF THIS SECTION, THE TERM "TELEWORK" SHALL MEAN TO
   15  PERFORM NORMAL AND REGULAR WORK FUNCTIONS ON  A  WORKDAY  AT  HOME  THAT
   16  ORDINARILY  WOULD  BE PERFORMED AT THE AUTHORITY'S LOCATION OR FACILITY,
   17  THEREBY ELIMINATING OR SUBSTANTIALLY REDUCING THE  PHYSICAL  COMMUTE  TO
   18  AND FROM SUCH AUTHORITY'S PRINCIPAL LOCATION.
   19    3.  PRIOR  TO ESTABLISHING A TELEWORKING PROGRAM, EACH AUTHORITY SHALL
   20  DETERMINE WHETHER OR NOT SUCH PROGRAM IS COST  EFFECTIVE.  EACH  PARTIC-
   21  IPATING  AUTHORITY  SHALL  THEN DEFINE WHO IS ELIGIBLE TO PARTICIPATE IN
   22  SUCH PROGRAM, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING CONDITIONS AND
   23  CRITERIA:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01238-01-1
       A. 206                              2
    1    (A) THAT THE EMPLOYEE HAS BEEN A PERMANENT EMPLOYEE AND HAS HELD THEIR
    2  JOB TITLE FOR AT LEAST SIXTY DAYS;
    3    (B)  THAT  THE  AUTHORITY  HAS  DETERMINED  THAT  THE FULL RANGE OF AN
    4  EMPLOYEE'S JOB CAN BE READILY AND EFFECTIVELY COMPLETED AT AN  ALTERNATE
    5  SITE;
    6    (C)  THE  AUTHORITY  DETERMINES  THAT  THE EMPLOYEE'S ABSENCE FROM THE
    7  OFFICE IS NOT DETRIMENTAL TO OFFICE OPERATIONS;
    8    (D) THE EMPLOYEE'S PERFORMANCE HAS BEEN SATISFACTORY OR BETTER;
    9    (E) BOTH THE EMPLOYEE AND EMPLOYER HAVE SIGNED  A  FORMAL  ARRANGEMENT
   10  THAT CLEARLY DELINEATES THE TELEWORKING RELATIONSHIP; AND
   11    (F)  THE  AUTHORITY  HAS DETERMINED THAT SUCH A TELEWORKING PROGRAM IS
   12  COST EFFECTIVE.
   13    4. PARTICIPATION IN A TELEWORKING PROGRAM SHALL NOT BE THE  BASIS  FOR
   14  CHANGES IN SALARY OR BENEFITS.
   15    5.  TELEWORKING  POLICIES  OF  EACH  PARTICIPATING  AUTHORITY SHALL BE
   16  DELIVERED TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESIDENT
   17  OF  THE  SENATE,  AND  CHAIRS  OF  THE  ASSEMBLY AND SENATE CORPORATIONS
   18  COMMITTEES.
   19    S 3. This act shall take effect on the ninetieth day  after  it  shall
   20  have become a law.