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after receipt of such explanation. If the employee is not satisfied with the

           response, CSEA, upon the employee’s request, may appeal the appointing

           authority’s response to the Governor’s Office of Employee Relations within
           5 calendar days after receipt of the appointing authority’s response. The

           Director of the Governor’s Office of Employee Relations, or the Director’s
           designee, shall  issue a written  response within 5 calendar days after

           receiving  such  appeal.  Determinations  made  pursuant  to  this  subsection
           shall not be arbitrable.


           Article 37

           Civil Service Law Section 72 Hearings
             The State and CSEA shall jointly agree to a permanent panel of hearing

           officers to review employee appeals brought pursuant to Section 72 of the
           New York State Civil Service Law, to be  administered by the Department

           of Civil Service. Members of this panel shall be jointly selected by the State
           and CSEA and shall serve for the term of this Agreement. The composition

           of this panel may be changed by mutual agreement of the State and CSEA.


           Article 38
           Work-Life Services

             §38.1 Employee Assistance Program
             The State and CSEA shall continue to provide an employee assistance

           program to provide information, resources and confidential assessment and
           referral services to assist employees to be more productive and to assist

           agencies in maintaining a healthy and productive workforce.

             In recognition   of the mutual   advantage   to  the employees  and the
           employer  inherent in an employee  assistance  program  the  State  shall
           prepare,  secure  introduction   and  recommend passage by the Legislature

           of such legislation as may be appropriate and   necessary  to obtain an

           appropriation in the  amount indicated  in each year of the 2016-2021
           Agreement: $687,663 in 2016-2017, $701,416 in 2017-2018, $715,444 in

           2018-2019, $729,753 in 2019-2020, and $744,348 in 2020-2021 to continue
           the Employee Assistance Program effort.

             §38.2 Flexible Benefit Spending Program  –  Dependent Care
           Advantage Account Program

             In Calendar Year 2017, the State shall provide a contribution per DCAA


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