Juneteenth Holiday
NY-ADR
4/7/21 N.Y. St. Reg. CVS-14-21-00001-P
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 14
April 07, 2021
RULE MAKING ACTIVITIES
DEPARTMENT OF CIVIL SERVICE
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CVS-14-21-00001-P
Juneteenth Holiday
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 21.1 of Title 4 NYCRR.
Statutory authority:
Civil Service Law, section 6(1)
Subject:
Juneteenth Holiday.
Purpose:
To add Juneteenth to the listing of holidays in the Attendance Rules.
Text of proposed rule:
RESOLVED, That subject to the approval of the Governor, Subdivision (b) of Section 21.1 of the Attendance Rules for Employees in New York State Departments and Institutions be and hereby is amended, as follows:
(b) The days prescribed by law for the observance of New Year's 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 shall be observed as holidays, except when any such day falls on Saturday, in which case it shall not be observed as a holiday.
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: [email protected]
Data, views or arguments may be submitted to:
Marc Hannibal, Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected]
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 time allowances for employees in the Classified Service of the State.
Chapter 249 of the Laws of 2020 designated June nineteenth of each year, known as “Juneteenth,” which commemorates Black and African American freedom and achievements while encouraging continuous self-development and respect for all cultures as an official public holiday.
State policy and Memoranda of Understanding entered into by the State with its recognized employee unions provide that Juneteenth shall be observed as a legal holiday for purposes of the Attendance Rules for Employees in State Departments and Institutions and subject employees shall be allowed a day off on such day, or a day shall be allowed in lieu thereof.
This amendment is required to conform the Attendance Rules for Employees in State Departments and Institutions with such law, policies and Memoranda as described above herein.
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).
Job Impact Statement
By amending Title 4 of the NYCRR to provide for inclusion of Juneteenth as a day off or pass day for employees subject to the Attendance Rules for Employees in New York State Departments and Institutions, this rule will not negatively impact jobs or employment opportunities for eligible employees, as set forth in section 201-a(2)(a) of the State Administrative Procedure Act (SAPA). Therefore, a Job Impact Statement (JIS) is not required by section 201-a of such Act.
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