While many private-sector employees might hope for two weeks notice before being laid off, state workers would get two months notice under a bill passed by the state Senate and on the third reading in the Assembly.

(Update below.)

Currently, state workers get 20 days notice. That would change to 60 days if the Assembly, likely to return later this year, passes S 2344/Savino.

The bill, if it became law, would make it harder to a governor to achieve budget savings through layoffs, because pink-slipped employees would get an extra six weeks of salary and benefits.

Governors in the past have used threats of lay offs to squeeze concessions from public employee unions. This bill would reduce that leverage.

Governor Paterson has threatened to lay off state workers effective January 1 the day the next governor is inaugurated.

Last year, he signed a document promising not to lay off members of the state’s two largest unions, Civil Service Employees Association (CSEA) and Public Employees Federation (PEF) before December 31. The agreement, which may not be legally binding, does not apply to other unions representing state workers.

UPDATE: An alert reader points out that under current state law, private-sector employers with more than 50 employees must give their employees 90 days notice of an impending layoff. Federal law requires employers of 100 or more to give 60 days notice.

Originally Published: NY Public Payroll Watch, July 2, 2010

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