N.Y. Comp. Codes R. & Regs. tit. 12 § 921-4.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 921-4.1 - Transfers

(a) Notice is not required when:

(1) An employer offers to transfer an employee to a different site of employment within a reasonable commuting distance with no more than a six-month break in employment, regardless of whether the employee accepts such employment; or

(2) An employer offers to transfer the employee to any other site of employment regardless of distance with no more than a six-month break in employment and the employee accepts within 30 days of the offer or of the closing or layoff, whichever is later.

(b) An offer of reassignment to a different site of employment shall not be deemed to be an offer of transfer if the new job otherwise constitutes a constructive discharge.

(c) For purposes of this Part, reasonable commuting distance is the distance an individual could be reasonably expected to commute to their job and is determined solely for purposes of transfers. Reasonable commuting distance will vary with local conditions with consideration given to the geographic accessibility of the place of work, the quality of the roads, customarily available transportation, and the usual travel time, provided however, in no event shall such distance exceed that which can be reasonably traveled in one and one-half hours when the site of employment is being moved to a location within the City of New York or on Long Island, or one hour when the site of employment is being moved to any other location in the state.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 921-4.1

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 6/21/2023