Thursday, October 20, 2016

Employee organization leave


Employee organization leave
§46 of Chapter 283 of the Laws of 1972

Providing employees of the State with Employee Organization Leave to participate in "union activities" as an elected or appointed officer of an employee organization certified or recognized for the purposes of collective bargaining has been an issue since the adoption of the Taylor Law.

In response to demands that State employees elected to a leadership position of an employee organization representing state employees be provided with "paid organization leave," the State agreed to provide for “Employee Organization Leave” and enacted §46 of Chapter 283 of the Laws of 1972 to this end.

This law provides that a State employee organization may obtain approval for paid full or part-time leaves of absence of its representatives provided it agrees to fully reimburse the State for the salary and other compensation paid to the individual and, in addition, reimburse the State for all employer contributions for fringe benefits made by the State on behalf of the individual, while he or she is on Employee Organization Leave. The individual would be continued as a State employee, on the State’s payroll, during this time. 

A "leaves for union activities" article set out in a Taylor Agreement typically provides  that  in the event an employees is  granted a leave of absence with full salary from his or her regular position for certain employee organization purposes, the employee organization shall reimburse the State the employee's salary and the employer's contributions for employee benefits while he or she is on such leave "consistent with provisions promulgated by the Department of Audit and Control and in accordance with the provisions of Section 46 of Chapter 283 of the Laws of 1972."

Another element affecting State employees on Employee Organization Leave: The State Ethics Commission has advised that “State employees on Employee Organization Leave or State employees on leave without pay who serve as employee organization representatives for CSEA … who have terminated their State service and are now employed by CSEA are subject to the "revolving door" provisions of the Public Officers Law and the corresponding restrictions on post-employment activities” [see Advisory Opinion #90-a ]. Presumably this opinion would be applied with respect to State employees on employee organization leave serving with other employee organizations.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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