ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

May 08, 2024

State University of New York EMERGENCY RULE MAKING - Leave of Absence for Employees in the Professional Service

 

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.

 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com