Holiday Leave

NY-ADR

4/28/21 N.Y. St. Reg. SUN-17-21-00014-EP
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 17
April 28, 2021
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. SUN-17-21-00014-EP
Filing No. 418
Filing Date. Apr. 13, 2021
Effective Date. Apr. 13, 2021
Holiday Leave
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 337.13(a) 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:
On October 14, 2020, Governor Andrew M. Cuomo signed into law legislation (S.8598/A.10628) designating Juneteenth, the nineteenth day of June, as an official public holiday in New York State. The new law celebrates Juneteenth, a day which commemorates the end to slavery and celebrates Black and African American freedom and achievements, while encouraging continuous self-development and respect for all cultures.
Amendment of these regulations needs to proceed on an emergency basis due to the upcoming date of the newly designated holiday.
Subject:
Holiday Leave.
Purpose:
To designate Juneteenth as a holiday for SUNY employees.
Text of emergency/proposed rule:
Section 337.13 Holiday leave.
(a) A calendar year or college year employee shall be eligible to observe the following days prescribed by law as holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day. The college chief administrative officer may designate two holidays as floating holidays in lieu of the holidays set forth above. The college chief administrative officer may designate an alternate date on which one of the holidays is to be observed. If a second holiday is designated the employee may select a date on which to observe the second holiday, with the approval of the employee's supervisor and consistent with the operating needs of the campus. The employee must observe such second holiday before the beginning of the next academic year. The college chief administrative officer's designation shall be announced following consultation with the certified representative of employees in the professional service in September of the academic year.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 11, 2021.
Text of rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, Albany, NY, (518) 320-1400, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Education Law §§ 353 and 355 authorizes the State University Trustees to make rules and regulations relating to the administration, supervision and coordination of state-operated institutions, including the appointment and management of employees.
2. Legislative objectives: The present measure makes amendments to the State University of New York regulations regarding holiday leave for employees.
3. Needs and benefits: On October 14, 2020, Governor Cuomo signed into law legislation designating Juneteenth as an official public holiday in New York State (Chapter 249 of the Laws of 2020). This amendment is necessary to comply with said law.
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: Immediate.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this notice because the proposed rule 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, recordkeeping or other compliance requirements on small businesses and local governments.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on rural areas. The rule will not impose any adverse economic impact on rural areas or impose any reporting, recordkeeping, professional services or other compliance requirements on rural areas.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation governs holiday leave for employees of State University of New York and will not have any adverse impact on the number of jobs or employment.
End of Document