September 18, 2001 
Human Resource Directors To: 
Joyce Villa From: 
Employee Relations Update Subject: 
Topics Covered: 
NYS Flex Spending Account Program Enrollment 
FMLA Applicability 
Employee Meeting Schedule - NYS Flex Spending Account Program 
The State has kicked off an enrollment campaign for the New York State 
Flexible Spending Account Program. The enrollment period will run from 
September 17, 2001 through November 9, 2001. 
To acquaint employees with the benefits of the program, informational 
meetings across the State have been scheduled. A list of the dates is attached. 
The enrollment effort covers two programs: the Health Care Spending Account 
(HCSA) and the Dependent Care Advantage Account (DCAA). Eligible 
employees may enroll in one or both accounts. 
These programs were agreed to in recent contract negotiations and can 
help State employees save money when paying for health or dependent care. 
Campuses are asked to ensure that employees are made aware of these important 
programs. 
Employees may contribute up to $3,000 per year on a pre-tax basis 
through payroll deduction to an HCSAccount for eligible health care expenses 
that are not reimbursed by insurance, and up to $5,000 per year for elder care, 
disabled dependent care, or child care expenses to a DCAAccount. Employees 
can save federal, state, and social security taxes on the money they set aside in 
their HCSAccounts and DCAAccounts. After eligible services have been 
rendered, employees submit claims for reimbursement.
For employees who enroll in the DCAAccount, the Employer Contribution 
is being increased to a maximum of $600 in 2002. The Employer Contribution is 
based on salary and is available to Executive Branch State employees who are 
M/C or represented by CSEA, PEF or UUP. Employees represented by GSEU 
are eligible for a $150 Employer Contribution irrespective of salary. In 2001, the 
Employer Contribution has assisted more than 5,000 families in paying the high 
cost of quality child care. 
Employee education is the key component to a successful enrollment 
campaign. During the Fall, GOER will offer a series of employee meetings to 
give the work force the opportunity to learn more about the HCSAccount and 
DCAAccount programs. In order to accommodate employees’ attendance at the 
informational sessions, meetings have been scheduled at various sites around the 
State. Campuses are strongly encouraged to grant time off without charge to 
leave credits for employees who wish to attend an informational session, subject 
to agency operating needs. Sessions generally last approximately 90 minutes. A 
schedule of Employee Meetings is enclosed for your information. 
In early August, agency Health Benefits Administrators received the 
details of the 2002 campaign. Payroll stuffers announcing the meeting locations 
will be sent to agency payroll offices for distribution to all State employees before 
the Open Enrollment Campaign begins and promotional materials will be 
distributed to each HBA this month. The NYS Flex Spending Account Hotline 
(1-800-358-7202) and the web site (www.flexspend.state.ny.us) will be other 
sources of information. 
Collectively negotiated, the NYS Flex Spending Account is truly a winwin 
for both employees and the State. Not only does the program save employees 
money, but due to the reduction in State income tax rates, the reduction in the 
State’s share of FICA taxes exceeds the loss of State income tax revenue from 
participants. Please encourage all of your employees to learn about the new Flex 
Spending Account Program. 
FMLA Applicability 
Another federal court has held that the 11th Amendment to the 
Constitution provides immunity to State employers from the award of money 
damages in suits brought by individual employees for the violation of the Family 
and Medical Leave Act. The First Circuit covers Maine, Massachusetts, New 
Hampshire, Rhode Island and Puerto Rico. The plaintiff, a computer specialist, 
requested FMLA leave for heart surgery. When he returned to work before the 12 
weeks had expired, the State of New Hampshire terminated him because he had 
exhausted his accumulated leave balances and was unable to meet the employer’s 
attendance requirements.
This decision was based on a series of recent Supreme Court cases which 
narrowly limit the power of Congress to subject the State to monetary damages in 
suits by private citizens, and parallels similar decisions in other circuits, including 
2d Circuit which covers New York. This determination doesn’t mean that States 
can ignore the FMLA. The federal government can sue on behalf of its citizens 
and individuals may be able to seek an injunction for violation of the law. We 
will keep you posted as this issue evolves. 
c: Chancellor King 
Mr. Miller 
Mr. Edwards 
Presidents, State-operated Campuses 
Vice Presidents for Finance and Business
CAPITAL DISTRICT REGION 
Time 
2:00 pm 
1:00 pm 
Date 
Sep 21 
Sep 26 
Oct 25 
Oct 30 
11:00 am 
10:00 am 
Nov 5 1:00 pm 
Location 
Turf Rms. A, B & C, 
MIDSTATE REGION 
Oct 1 1:00 pm 
11:30 Oct 2 
am 
WESTERN REGION 
11:30 am 
9:00 am 
Oct 3 
Oct 4 
NORTH COUNTRY 
10:00 Oct 10 
am 
SOUTHERN TIER 
Oct 29 11:30 am 
MID-HUDSON REGION 
Oct 12 11:30 am
12:00 
LONG ISLAND 
Oct 18 
pm 
NEW YORK CITY 
REGION 
Oct 22 
Oct 23 
2:00 pm 
2:00 pm 
2:00 pm Nov 1 
N:\Lynne Flex.doc 
NYS FLEX SPENDING ACCOUNT 
2002 EMPLOYEE MEETING SCHEDULE 
Holiday inn Express, 1442 Western Ave., Albany 
Meeting Rm. 2, Concourse Level, Empire State Plaza, Albany 
Chancellor's Hall, N.Y.S. Education Building, Washington Ave., 
Albany 
Turf Rms. A, B & C, Holiday Inn Express, 1442 Western Ave., 
Albany 
Meetit~g Pm. 2, Concourse Level, Empire State Plaza, Arbany 
Kunsela Hall Auditorium, SUNY Utica, State Rte. 12N, Utica 
(Thruway Exit 31) 
Dining Hall, Central Region Armory, 6001 East Uoffoy Rd., 
Syracuse 
Rm. 335, Appellate Division 4th Dept., 50 East Ave. Ste. 200, 
Rochester Center for Tomorrow, North Campus, SUNY Buffalo, 
Buffalo 
Angell College Center, SUNY Plattsburgh, 101 Broad St., 
Plattsburgh 
Nov 2 11:00 am 
Community Rm., 1~t Floor, S.O.B., 44 Hawley St., Binghamton 
Rms. A & B, ComeIl Cooperative Extension, 2715 Rte. 44, 
Millbrook 
Rms. A & B, LIA Conference Center, 80 Hauppauge Rd., 
Coremack 
Hearing Rm. A, 1 Penn Plaza, Manhattan 
Rm. 346, 55 Hanson PI., Brooklyn 
Art Gallery Rm., S.OB., 163 West 125th St., Harlem 
Train. Rm. E, 12th FI. Unified Court System, 123 William St., 
Manhattan