The New York State Department of Civil Service has proposed the adoption of
a new "consensus rule",* set out below, to provide a
grant of up to twelve weeks of paid family leave for a qualifying event for eligible
employees**
in serving in positions in the Classified Service*** of the State of New York as
the employer designated Managerial or Confidential within the meaning of
Article 14 of the Civil Service Law. Article 14 of the Civil Service Law is frequently referred to as the "Taylor Law".
* A proposed rule or regulation may be filed as a consensus rule or regulation if the agency concludes that the proposed rule or regulation is non-controversial based on its subject.
** Although not all employees of the State as the employer in the Classified Service are State officers, all officers of the State as the employer in the Classified Service are employees of the State.
*** See Civil Service Law §40.
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Department of Civil Service
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Paid Family Leave I.D. No. CVS-23-23-00001-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure
Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: This is a consensus rule making to add §28-1.19 to Title 4 NYCRR.
Statutory authority: Civil Service Law, §6(1)
Subject: Paid family leave.
Purpose: To provide a grant of up to twelve weeks of paid
family leave for a qualifying event for subject employees in M/C positions.
Text of proposed rule:
RESOLVED, That subject to the approval of the Governor, Section 28 of the Attendance Rules for Employees in New York State Departments and Institutions be and hereby is amended, with a new subdivision to read as follows:
28-1.19 Paid Parental Leave
(1) Employees shall be granted up to twelve weeks of paid
leave without charge to accruals for each qualifying event, defined as the
birth of a child or placement of a child for adoption or foster care. Paid
parental leave begins on the date of birth, the day of adoption or foster care
placement or anytime thereafter within seven months. An employee’s eligibility
to use paid parental leave ends seven months from the date of the qualifying
event.
(2) Paid parental leave is available for use once every
twelve-month period.
(3) Employees using paid parental leave are deemed to be in
leave without pay status for attendance and leave purposes.
(4) Paid parental leave must be taken in a single block of
time and cannot be used intermittently. If an employee returns to work after
using less than the full twelve week grant of paid parental leave, the employee
can no longer use any paid parental leave for the same or another qualifying
event within the same twelve month period, as computed from the date of the
original qualifying event.
The text of proposed rule and any required statements and
analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service,
Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email:
commops@cs.ny.gov
Data, views or arguments may be submitted to: Eugene Sarfoh,
Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building
1, Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov. Public comment will be received until: 60 days after publication of this
notice.
Consensus Rule Making Determination Section 6(1) of the
Civil Service Law authorizes the State Civil Service Commission to prescribe
and amend suitable rules and regulations concerning leaves of absence for employees in the Classified
Service of the State.
On January 10, 2023,
Governor Hochul announced that New York
State will provide twelve weeks of
Paid Parental Leave for unrepresented (Managerial/Confidential) executive
branch state employees to bond with a newly born, adopted, or fostered child.
Effective February
14, 2023, Paid Parental Leave became available to any gestational,
non-gestational, adoptive, or foster parent who meets certain eligibility
criteria for unrepresented executive branch employees.
All other child care leave benefits, including sick leave
accruals, family sick leave benefits, Family Medical Leave Act (FMLA), Income
Protection Plan (IPP), and Paid Family Leave (PFL), remain unchanged and
available for use when applicable.
Consistent with Commission practice, significant changes to
State leave polices are incorporated, as appropriate, as amendments or
additions to the Attendance Rules for Employees in New State Departments and
Institutions (Attendance Rules). Accordingly, Paid Parental Leave is hereby
added to Part 28 of the Attendance Rules, applicable to employees serving in
unrepresented positions.
As no person or entity is likely to object to the rule as
written, the proposed rule is advanced as a consensus rule pursuant to State
Administrative Procedure Act (SAPA) §202(1)(b)(i). Employees in represented New
York State
positions will be eligible to obtain equivalent benefits through the collective
bargaining process.
Job Impact Statement
By amending Title 4 of the NYCRR to provide for Paid Parental Leave for certain New York State employees serving in unrepresented positions, this rule will not negatively impact jobs or employment opportunities for eligible employees, as set forth in §201-a(2)(a) of the State Administrative Procedure Act (SAPA). Therefore, a Job Impact Statement (JIS) is not required by §201-a of such Act.