N.Y. Comp. Codes R. & Regs. tit. 9 § 3.68
Agencies of government must constantly seek to maximize productivity of operations and the quality of services provided to the people of the State, and at the same time, enhance employment opportunities for qualified persons unable to obtain employment under conventional work schedules.
It is hereby declared to be the policy of this State to encourage and promote the implementation of alternative work schedules such as "flextime" and year-round part-time work schedules in those agencies of government where it is demonstrated that the use of such alternative work schedules:
-will provide increased availability of public service or otherwise enhance the productivity of State government operations; and
-will increase the number and caliber of individuals available for recruitment into State services; and
-will increase employee morale and reduce absenteeism and/or tardiness and enhance the delivery of necessary care and services to persons dependent upon the State, without compromising effective supervision.
Each State agency shall identify those organizational units and positions for which alternative work schedules may be appropriate. The Department of Civil Service shall provide each State Agency with information on ways of implementing various types of alternative work schedules, shall assist the management of each agency in determining the extent to which it is feasible to adopt alternative work schedules and at the same time to increase hours of operation and/or the productivity of operations, and shall review the performance of State agencies in complying with the Order.
Prior to implementing alternative work schedules, State agencies shall file a brief statement with the Director of the Budget, the President of the Civil Service Commission, and the Director of Employee Relations describing the nature of the change in the work schedule, the extent to which the change is consistent with existing attendance rules and contractual provisions, the means by which continued employment for incumbent employees is ensured, the method for maintaining accurate time records under the proposed work schedule, any added costs to be generated by the change in work schedule, and the specific benefits in terms of expanded hours of operation and/or improved productivity that will be associated with the change in work schedule.
If the proposed change in work schedule involves the creation of any new positions or reclassification of any existing positions, it shall not be implemented until the new positions and/or reclassifications have been approved pursuant to existing procedures by the Department of Civil Service and the Division of the Budget. The Department of Civil Service and the Division of the Budget shall act on such requests as expeditiously as possible.
If the change in work schedule proposed in such a statement does not involve the creation of any new positions or the reclassification of any existing positions, it may be implemented thirty working days after the filing of the statement unless the Director of the Budget disapproves the proposal in writing (copies of any such written disapprovals shall be filed with the Department of Civil Service and the Office of Employee Relations); provided, however, that before implementing any changes in work schedules pursuant to the provisions and intent of this Order, a State agency shall first consult the Office of Employee Relations and, with Office of Employee Relations concurrence, enter into appropriate discussions with duly designated representatives of the State employees who will be affected by the work schedule.
Prior to April 1, 1978, each State agency shall provide a written report to the Secretary to the Governor outlining specific alternative work schedule proposals that it has implemented or intends to implement.
Not later than September first of each year, the President of the Civil Service Commission shall submit a report to the Governor describing the impact of alternative work schedules on the quality of State operations and on employment opportunities for minorities, women, the elderly and the disabled and all agencies of State government; recommending areas to be explored during the coming year to determine where alternative work schedules might be used effectively to meet the obligations and objectives expressed in this Order; and proposing any necessary changes in law, regulation or policy growing out of the Department's experience in carrying out its responsibilities under this Order. Copies of such report, which shall be available for use in conjunction with the Governor's review of current operations and the development of his program and budgetary recommendations for the coming fiscal year, shall be filed with the Division of the Budget and the Office of Employee Relations. The Department of Civil Service may make such inspections and require such reports as may be necessary to fulfill its responsibilities under this program.
Signed: Hugh L. Carey
Dated: February 15, 1978
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.68