BILL NUMBER: S8611
SPONSOR: JACKSON
 
TITLE OF BILL:
An act directing the state civil service commission to amend the sick
leave accrual rates for state employees designated managerial or confi-
dential
 
PURPOSE:
Directs the state civil service commission to amend the sick leave
accrual rates for state employees designated managerial or confidential
 
SUMMARY OF PROVISIONS:
Section 1 Directs the state civil service commission to amend the sick
leave accrual rates for state employees designated managerial or confi-
dential
Section 2 is the effective date.
 
JUSTIFICATION:
The State of New York's 11,000 managerial and confidential (M/C) employ-
ees are treated unfairly in many aspects of compensation and benefits.
This includes earned Sick Leave credits. M/C employees earn 8 days of
Sick Leave credits per year rather than the 13 days per year earned by
their union-represented coworkers. Over a 30-year career, an M/C employ-
ee will earn 150 days (or up to 1200 FEWER hours) of Sick Leave credits
due to this unfair treatment. Further "M/Cs" earn their annual allo-
cation of eight days Sick Leave credits in two four-day allotments six
months apart. Union-represented employees typically earn their Sick
Leave credits with every payroll period. Fundamental fairness demands
that employees earn the same benefits.
The negative impact of this disparate treatment is three-fold. LESS Sick
Leave means:
* LESS TIME to use for illness or injury including the care of children
and dependents.
* REDUCED PENSION PAYMENTS as the value of unused Sick Leave Accruals at
retirement is factored into each employee's State pension formula.
* INCREASED RETIREE HEALTH INSURANCE PREMIUMS as the value of Sick Leave
Accruals is used to reduce or even eliminate the cost of retiree health
insurance premiums charged to retirees.
In exchange for reduced Sick Leave credits, M/C employees are mandated
to enroll in a State-sponsored disability insurance plan (the M/C Income
Protection Plan or IPP) that only a small fraction of M/Cs ever use
despite the IPP costing the State millions of dollars in premiums each
fiscal year!
The counterpart to the IPP for PEE and CSEA is "Sick Leave at Half-Pay."
But union. members still earn 13 days of Sick Leave per year with the
half-pay benefit without surrendering 5 days of Sick Leave as M/C
employees do for the IPP benefit. Despite any advantages of the IPP,
what it fails to provide is a real-time cushion of immediate paid time
off to care for yourself or your loved ones during short-term illnesses.
M/C employee participation in the Income Protection Plan should be
voluntary rather than mandatory. Participation in the IPP could be
extended to union-represented employees who find that program better
suited to their individual health and financial needs. This legislation
provides M/C employees with Sick Leave credits EQUAL to those of their
union-represented counterparts in State government but offers M/Cs a
one-time option to stay in the IPP if they so desire. Newly hired M/C
employees or State employees who are promoted or transferred into M/C
positions would also have a one-time option to join the IPP or earn Sick
Leave credits equal to that of union-represented employees.
This legislation would effectively remove disparate Sick Leave credits
as a disincentive to accept a promotion to an M/C position. There is no
immediate fiscal cost associated with this legislation. Annual salaries
are not increased by a change in Sick leave credits earned by employees.
Additionally, accrued Sick Leave credits are lost and NOT paid at sepa-
ration from service. Any marginal costs would be incurred only at time
of formal retirement when Sick Leave credits are factored into pension
calculations by the New York State and Local Retirement System (NYSLRS)
and retiree health insurance premium allowances determined by the New
York State Health Insurance Program (NYSHIP).
This legislation. first and foremost guarantees that M/C employees will
be treated equally regarding their Sick Leave credits benefit. It
removes a major disincentive for employees considering a promotion or
transfer to a State managerial or confidential position. At the same
time, it champions employee choice by allowing for continued partic-
ipation. in the current Income Protection Plan for M/Cs who prefer that
option. Additionally, through negotiation, NYS can potentially extend
the IPP on a voluntary basis to the remaining 90% of the State workforce
that is union-represented.
 
PRIOR LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after April 1, 2026.