Article 12
Attendance
and Leave
12.1
(a) An
employee who is entitled to time off with pay on days observed as holidays by
the State as an employer shall be granted compensatory time off when any such
holiday falls on a Saturday, provided, however, that employees scheduled or
directed to work on any such Saturday may receive additional compensation in
lieu of such compensatory time off in accordance with Section 7.15 of this
Agreement. The State may designate a day to be observed as a holiday in lieu of
such holiday which falls on Saturday.
(b) The
following holidays will be observed by all employees within this unit eligible
to observe holidays unless otherwise specified by mutual agreement between the
parties:
1. New Year’s Day 7. Columbus Day
2.
3. Washington’s Birthday 9.
Thanksgiving Day
4. Memorial Day 10.
Christmas Day
5. Independence Day 11. Election Day
6. Labor Day 12.
Martin Luther King Day
(c) When
December 25 and January 1 fall on Sundays and are observed as State holidays on
the following Mondays, employees whose work schedule includes December 25
and/or January 1 shall observe the holiday on those dates, or if required to
work, may receive additional compensation or compensatory time off in
accordance with Section 7.15 of this Agreement. In such event, for these
employees, December 26 and January 2 will not be considered holidays.
(d) The
State, at its option, may designate up to two floating holidays in each
contract year (April-March) in lieu of two of the holidays set forth in Article
12.1(b), such that employees shall have the opportunity to select, on an
individual basis, the dates upon which such floating holidays will be observed
by them, consistent with the reasonable operating needs of the State. The
State’s designation of the holidays to be floated shall be announced in April
of the contract year. Employees shall be
credited with up to 7 ½ or 8 hours of floating holiday leave credits as
appropriate. If an employee’s basic work
week changes from 37 ½ hours to 40 hours, or 40 to 37 ½ hours, any floating
holiday leave credit balance will be adjusted to reflect the new workweek. Floating holiday leave credits
may be used in such units of time as the appointing authority may approve, but
the appointing authority shall not require that floating holiday leave credits
be used in units greater than one-quarter hour. This provision shall not
supersede any local arrangements which provide for liquidation in smaller units
of time.
12.2 Determination of
For purposes of determining the holiday shift
when the work shift spans two (2) calendar days, the holiday shift shall be
that shift which begins
12.3
Compensatory time off in lieu of holidays earned
after the effective date of this Agreement shall be recorded in a leave
category to be known as Holiday Leave.
12.4 Vacation Credit Accumulation
(a) Effective
(b) Vacation
credits may be accumulated up to 40 days; provided, however, that in the event
of death, retirement or separation from service, an employee compensated in
cash for the accrued and unused accumulation may only be so compensated for a
maximum of 30 days.
(c) An
employee’s vacation credit accumulation may exceed the maximum, provided,
however, that the employee’s balance of vacation credits may not exceed 40 days
on April 1 of any year.
12.5 Additional Vacation Credit
(a) The
State agrees to grant employees having 20 or more years of continuous State
service and who are entitled to earn and accumulate vacation credits additional
vacation credit as follows:
20 to 24 l
day
25 to 29 2
days
30 to 34 3
days
35 or more 4 days
(b) Eligible
employees shall receive additional vacation credit on the date on which they
would normally be credited with additional vacation in accordance with the
above schedule and shall thereafter be eligible for additional vacation credit
upon the completion of each additional 12 months of continuous State service.
(c) Nothing
contained herein shall be construed to provide for the granting of additional
vacation retroactively for periods of service prior to the effective date of
this Agreement.
12.6 Vacation Scheduling
(a) Assignment
of vacation time off shall be made at the times desired by an employee to the
extent practicable in light of needs of the department or institution involved
to provide the service it is charged to provide. In the event that more
employees request the same vacation time off than can be reasonably spared for
operating reasons, vacation time off will be granted in accordance with Article
25.
(b) In lieu of scheduling vacation in order of
seniority as provided above, departments, agencies, or institutions may, by
mutual agreement with PEF, provide that in the event some employees have
accumulated vacation credits in excess of 35 days, these employees shall be
given preference on requested assignment of vacation time off.
(c) To
assist in the scheduling of such vacation time off, departments, agencies,
institutions or other local operating units may establish an annual date or
dates or period or periods by which or within which employees must request a
block of time in order to have their seniority considered.
(d) Establishment
of such dates or periods shall be worked out in understandings between such
departments, agencies, institutions or other local operating units and the
appropriate designee of PEF unless they mutually agree that such dates or
periods are unnecessary or undesirable.
12.7 Vacation Use
(a) Vacation
credits may be used in such units of time as the appointing authority may
approve, but the appointing authority shall not require that vacation credits
be used in units greater than one-quarter hour. This provision shall not
supersede any local arrangements which provide for liquidation in smaller units
of time.
(b) An
employee’s properly submitted written request for use of accrued vacation
credits shall be answered within a reasonable period of time within five working days of receipt. If an employee’s properly submitted request
for use of accrued vacation credits is denied or cancelled, the employee shall
receive, upon written request, a written statement of the reasons for such
denial or cancellation. Such written statement of the reasons for such denial
or cancellation shall be provided within three working days of
receipt of the written request for it.
12.8 Sick Leave Accumulation
(a) Sick
leave shall be credited in accordance with the New York State Attendance Rules.
(b) Employees
who are entitled to earn and accumulate sick leave credits may accumulate such
credits up to a total of 200 days, provided, however, no more than 165 days
of such credits may be used for retirement service credit. Effective April 2,
2003, e Employees
shall have the opportunity to use up to a total of 200 days for retirement
service credit. Employees shall have the
ability to use up to 200 days of such credits to pay for health insurance in
retirement.
12.9 Use of Sick Leave
(a) Sick
Leave credits may be used for scheduled medical or dental appointments with the
advance approval of the appointing authority or the authority’s designee.
(b) Sick
Leave credits may be used in such units of time as the appointing authority may
approve, but the appointing authority shall not require that sick leave credits
be used in units greater than one-quarter hour.
12.10 Personal
Leave Accumulation
Effective April 1, 1995, personal leave shall be
credited in accordance with the New York State Attendance Rules.
12.11 Use of
Personal Leave
(a) The
State shall not require an employee to give a reason as a condition for
approving the use of personal leave credits, provided, however, that prior
approval for the requested leave must be obtained, that the resulting absence
will not interfere with the proper conduct of governmental functions, and that
an employee who has exhausted personal leave credits shall charge approved
absences from work necessitated by personal business or religious observance to
accumulated vacation or overtime credits.
(b) Personal
leave credits may be used in such units of time as the appointing authority may
approve, but the appointing authority shall not require that personal leave
credits be used in units greater than one-quarter hour. This provision shall
not supersede any local arrangements which provide for liquidation in smaller
units of time.
12.12 Accounting
of Time Accruals
The State shall prepare and distribute to employees forms
for maintaining leave records on a self-accounting basis. Employees
shall be advised of the leave accruals to their credit on official records at
least once each year.
12.13 Absence
- Extraordinary Circumstances
(a) Employees
who have reported for duty and, because of extraordinary circumstances beyond
their control, are directed to leave work, shall not be required to charge such
directed absence during such day to leave credits.
(b) In
those instances in which the Governor declares a state of emergency in a
specified geographic area, based on circumstances which affect travel, and
directs that employees whose official duty stations are within the specified
geographic area not to report to work, such absences shall be excused with no
charge to leave credits.
12.14 Tardiness
for Members of Volunteer Fire Departments, Volunteer Ambulance Services and
Enrolled Civil Defense and Civil Air Patrol Volunteers
An appointing authority shall excuse a reasonable amount of tardiness caused by direct emergency duties of duly authorized volunteer firefighters, members of volunteer ambulance services and enrolled civil defense and civil air patrol volunteers. In such cases, the appointing authority may require the employee to submit satisfactory evidence that the lateness was due to such emergency duties.
12.15 Leave for Professional Meetings
Subject to prior approval by the appointing
authority, each employee will be allowed a maximum of three (3) days per year
without charge to leave credits to attend (a) conferences or seminars of
recognized professional organizations, such conferences or seminars to be
directly related to the employee’s profession or professional duties; and/or,
(b) programs which are necessary for the employee to maintain or obtain
licensure or accreditation in the employee’s position with the State. Absences
under this provision may be restricted to five percent of the profession in the
operating unit (e.g., institution, hospital, college, main office or other
appropriate facility). Approval of such leave shall be at the discretion of the
appointing authority. Such approval will be based on a determination by the
appointing authority that (1) the activity to be undertaken will directly
benefit the agency, and (2) the absence will not interfere with the proper
conduct of governmental functions. Such leave shall not be cumulative and if
not used shall be cancelled at the end of each year of this Agreement. Unused leave shall not be liquidated in cash
at the time of separation, retirement or death.
12.16 Leave
for Professional Examinations
(a) Upon
proper advance notice, employees may absent themselves from duty without charge
to leave credits for the purpose of participating in one professional
examination each year in their discipline. In the event such examination is
administered in several parts, the several parts shall be considered a single
examination. Absence required for travel shall be charged to appropriate leave
credits.
(b) If an
employee is scheduled to work on a shift which ends within eight hours of
commencement of such professional examination, reasonable efforts will be made
to adjust the employee’s work schedule or, to the extent practicable in light
of the agency’s or institution’s need to provide services, to approve the
absence charged to appropriate leave credits.
12.17 Maintenance of Time
Records
No employee in this unit
shall be required to punch a time clock or record attendance with a timekeeper.
All employees in this unit shall be required to keep daily time records showing
actual hours worked and shall maintain a daily record of absences and leave
credits earned and used in accordance with the Attendance Rules on forms to be
provided by the State, subject to review and approval by the supervisor.
12.18 Leave for Bereavement or Family Illness
(a) Employees
shall be allowed to charge absences from work in the event of death or illness
in the employee’s immediate family against accrued sick leave credits up to a
maximum of 15 days in any one calendar year.
(b) Requests
for leave for family illness shall be subject to approval of the appointing
authority; such approval shall not be unreasonably withheld.
12.19 Part-time, Per Diem and Hourly Employees
(a) Part-time
employees covered by the New York State Attendance Rules who are compensated on
an annual salary basis shall be eligible to earn and accumulate, or be credited
with vacation, sick or personal leave credits on a prorated basis if they are
employed on a fixed schedule of at least half-time.
For the purpose of crediting vacation and
personal leave for such employees in State service on the effective date of
this section, their anniversary dates shall be determined in a manner
consistent with their total State service.
To determine if a
part-time employee meets the requirement of at least half-time, fixed schedule
employment with up to a maximum of two appointing authorities may be counted.
Employees who qualify as half-time by counting part-time employment with two
appointing authorities shall be subject to such special attendance reporting
requirements as the State may establish, and shall be limited to use earned
leave credits from each appointing authority in the same proportion as the
leave credits are earned from each appointing authority.
(b) Employees
covered by the New York State Attendance Rules who are compensated on a per
diem or hourly basis shall be eligible for vacation, sick and personal leave
benefits on a prorated basis if they are employed on a fixed schedule of at
least half-time and are so employed continuously for nine (9) months without a
break in service exceeding one full payroll period.
(c) Part-time
employees covered by the New York State Attendance Rules are eligible to
observe holidays that coincide with days on which they are regularly scheduled
to work or actually do work. In the event a holiday falls on a Saturday and
another day is not designated to be observed as the holiday, employees eligible
to observe holidays who are employed on a fixed schedule of at least half-time,
and for whom Saturday is not a regular workday but who are scheduled to work on
the Friday immediately preceding such Saturday holiday, shall be granted
holiday leave. The amount of holiday leave granted shall be equivalent to the
number of hours the employee is regularly scheduled to work on that preceding
Friday but not to exceed one-fifth (1/5) the number of hours in the normal
workweek of full-time State employees.
(d) Nothing
contained herein shall be construed to provide for the granting of paid leave
benefits retroactively for periods of service prior to the effective date of this
Agreement.
12.20 Sick Leave at Half-Pay
(a) An appointing authority shall grant such leave at half-pay for personal illness to a permanent employee eligible for such leave and subject to the following conditions:
(1) The employee shall not have less than one cumulative year of State service;
(2) The employee’s sick leave, vacation credit, overtime credits, compensatory credits and other accrued credits shall have been exhausted; the employee shall be deemed to have exhausted his/her accrued credits when the sum of the employee’s remaining credits, in the aggregate, is less than the number of hours in the employee’s normal workday; such credits as are remaining shall be retained by the employee;
(3) The cumulative total of all sick leave at half-pay granted to an employee during his/her State service shall not exceed one payroll period for each completed six months of State service;
(4) (a) Sick leave at half-pay shall be granted immediately following exhaustion of leave credits except to employees who have been formally disciplined for leave abuse within the preceding year;
(b) Employees who have been formally disciplined for leave abuse within the preceding year shall be granted sick leave at half pay following ten consecutive workdays of absence, unless such waiting period is waived by the appointing authority;
(c) For purposes of this subsection, an employee is deemed to have been formally disciplined for leave abuse if any of the following conditions occurred: a time and attendance notice of discipline was settled within one year preceding the request for sick leave at one half pay, or the employee has been found guilty of the time and attendance charges contained within a notice of discipline served within one year preceding the request for sick leave at half pay or the employee did not contest the time and attendance notice of discipline served within one year preceding the request for sick leave at half pay. It does not include notices of discipline regarding issues other than time and attendance or those dismissed by an arbitrator or withdrawn by the appointing authority;
(5) Satisfactory medical documentation shall be furnished and continue to be periodically furnished at the request of the appointing authority; and
(6) (a) Such leave shall not extend a period of appointment or employment beyond such date as it would otherwise have terminated pursuant to law or have expired upon completion of a specified period of service.
(b) Nothing contained herein shall supersede
the continuous absence provisions of the Civil Service Law, Rules and
Regulations.
12.21 Maternity and Child-Rearing Leave
(a) Maternity
and child-rearing leave shall be granted as provided in the Attendance Rules.
However, where the child is required to remain in the hospital following birth,
the seven month mandatory child care leave shall, upon employee request,
commence when the child is released from the hospital. If a child is required
to be admitted to a hospital for treatment after child care leave has
commenced, upon employee request, child care leave shall be suspended during a
single continuous period of such hospitalization and that period shall not
count toward calculation of the seven month period. In such cases, any
entitlement to mandatory child care leave expires one year from the date of
birth of the child.
(b) In
cases of legal adoption under Article 7 of the Domestic Relations Law, leave
for child-rearing purposes shall be granted as provided in the Attendance
Rules. However, if a child is
required to be admitted to a hospital for treatment after child care leave has
commenced, upon employee request, child care leave shall be suspended during a
single continuous period of such hospitalization and that period shall not
count toward the calculation of the seven month period. In such cases, any
entitlement to mandatory child care leave expires one year from the date the
child care leave originally commenced.
12.22 Voluntary Reduction in Work Schedule Program
The Voluntary Reduction in Work Schedule Program
(VRWS), as described in the Program Guidelines reproduced in Appendix IV, shall
be continued. Disputes arising from the denial of VRWS requests shall be
reviewed only in accordance with the procedures established in Paragraph 12 of
the Guidelines, and not under Article 34. Other disputes arising in connection
with this provision shall be subject to review through the procedure
established in Article 34, Section 34.1(b) of this Agreement.
12.23 Leave Donation/Exchange Program
The Leave Donation/Exchange Program, as described
in the Memorandum of Understanding reproduced in Appendix III, shall be
continued.
12.24 Telecommuting Program
The Telecommuting
Memorandum of Agreement, as reproduced in Appendix III, shall be continued.