State University
of New York EMERGENCY RULE MAKING
Appointment of Employees and Leave of Absence for Employees in the Professional Service
I.D. No. SUN-08-24-00012-E
Filing No. 371
Filing Date: 2024-04-23
Effective Date: 2024-04-23
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of sections 335.11,
335.17 and Appendix B-1 of Title 8 NYCRR.
Statutory authority: Education Law, sections 353 and
355
Finding of necessity
for emergency rule: Preservation of general welfare.
Specific reasons underlying the finding of necessity: Amendment of these regulations needs to proceed on an emergency basis because United University
Professions ratified the July 2, 2022
through July 1, 2026 collective bargaining agreement on August 24, 2023 and the changes need to be implemented as soon as possible.
Subject: Appointment of Employees and Leave of Absence for Employees in the Professional Service.
Purpose: Revise to comport with provisions of the collective bargaining
agreement between the State and United University Professions.
Substance of emergency rule (Full text is posted at the
following State
website: https://system.suny.edu/proposed-regulations): The State of
New York and the United University Professions have reached a
collective
bargaining agreement for 2023-2026 for members of the
professional ser-
vices negotiating unit. Revision of certain provisions of
Title 8 of the Of-
ficial Compilation of Codes, Rules and Regulations of the
State of New
York must be affected to comport
with provisions of the collective bargain-
ing agreement.
8 NYCRR 335.11 - SUMMARY
The regulations regarding part-time service have been amended
to
provide term appointments of not less than one year to those
part-time em-
ployees who have been employed six consecutive semesters or
three years;
and, three year term appointments for full-time employees at
certain
campuses who have been employed for seven consecutive years.
8 NYCRR 335.17 - SUMMARY
The regulations regarding definition of probationary
appointment have
been amended to provide 3-month appointments for any
full-time profes-
sional in a teaching hospital position at a SUNY Article 28
facility whose
professional obligation will include patient-facing duties
(in-person patient
care or service).
8 NYCRR 337.2 - SUMMARY
The regulations regarding accrual of vacation leaves for
employees in
the professional service have been amended to address newly
negotiated
accrual rates for part-time employees.
8 NYCRR 337.7 - SUMMARY
The regulations regarding sick leave accrual for employees in
the professional service have been amended to address newly
negotiated accrual rates for part-time employees.
8 NYCRR 337.9 - SUMMARY
The regulations regarding maximum accumulation of sick leave
credits
have been amended to allow for 225 days.
8 NYCRR 337.13 - SUMMARY
The regulations regarding holiday leave have been amended
clarify
time off when a holiday falls on a Saturday, or a pass day;
and, provide ad-
ditional compensation in lieu of compensatory time for
employees as-
signed to work in SUNY hospitals or the Long Island State
Veteran’s Home
on holidays.
APPENDIX B-1 – PROFESSIONAL
TITLES - SUMMARY
The list of professional titles has been updated to reflect
current titles.
This notice is intended to serve only as a notice of
emergency adoption.
This agency intends to adopt the provisions of this
emergency rule as a permanent rule, having previously submitted to the Department
of State a notice of proposed rule making, I.D. No. SUN-08-24-00012-EP,
Issue of February 21, 2024.
The emergency rule will expire June
21, 2024.
Text of rule and any
required statements and analyses may be obtained
from: Lisa S. Campo, State University
of New York, H. Carl McCall SUNY Building, Albany, NY 12246, (518) 320-1400, email: Lisa.Campo@SUNY.edu
NYS Register/May 8, 2024 Rule Making Activities
Regulatory Impact Statement
1. Statutory authority: Education Law sections 353 and 355
authorizes the State University Trustees to make rules and regulations
relating to appointment of employees and leave of absence for employees in
the professional service.
2. Legislative objectives: The present measure makes
amendments to the State University of New York regulations regarding
appointment of employees and leave of absence of employees in the
professional service.
3. Needs and benefits: The amendments are necessary to revise
provisions of the University’s regulations to comport with
provisions of the collective bargaining agreement between the State and United
University Professions members of the professional services negotiating
unit.
4. Costs: None.
5. Local government mandates: None.
6. Paperwork: None.
7. Duplication: None.
8. Alternatives: There are no viable alternatives.
9. Federal standards: There are no related Federal standards.
10. Compliance schedule: Compliance should be immediate.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this
notice because this proposal does not impose any requirements on small businesses
and local governments. This proposed rule making will not impose any
adverse economic impact on small businesses and local governments or
impose any reporting, record keeping or other compliance requirements on
small businesses and local governments. The proposal addresses
appointment of employees and leave of absence of employees in the professional
service at the State University of New York.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this
notice because this proposal will not impose any adverse economic impact on rural
areas or impose any reporting, record keeping or other compliance
requirements on public or private entities in rural areas. The proposal
addresses appointment of employees and leave of absence of employees in the
professional service at the State University of New York.
Job Impact Statement
No job impact statement is submitted with this notice because
this proposal does not impose any adverse economic impact on existing
jobs or employment opportunities. The proposal addresses appointment
of employees and leave of absence of employees in the professional
service at the State University of New York.
Assessment of Public Comment
The agency received no public comment.