Mr.
President
Public Employees Federation, AFL-CIO
P. O. Box 12414
Dear Mr. Brynien:
The following confirms the understandings reached during the course of negotiations of
the 2003-2007 2007-2011
Agreement on the Leave Adjustment Pilot Program available to eligible
part-time annual salaried employees scheduled to work additional hours beyond
their payroll percentage. Effective upon ratification, this program will
no longer be a pilot. Agencies must set up a procedure to review
time records to provide the negotiated benefit described below.
The provisions of this Program apply
to eligible part-time annual salaried employees scheduled to work hours in
excess of their payroll percentage.
In order to participate in this
Program, part-time annual salaried employees must be employed to work a
schedule equated to their payroll percentage which entitles them to earn leave
credits under the Attendance Rules (either five days per week or at least
half-time per biweekly pay period), not including the additional time worked
above their payroll percentage.
"Employed to work a
schedule" that entitles the employee to earn leave credits under the
Attendance Rules means that the schedule assigned to the employee qualifies for
the earning of leave credits under the Attendance Rules. The employee need not actually work that
schedule each pay period in order to remain eligible. The employee may be on paid or unpaid leave
from a qualifying schedule.
The additional time worked cannot be
counted to qualify an otherwise ineligible employee to earn leave credits under
the Attendance Rules. Leave credits can
be granted for additional time worked only as described in this Program to
part-time annual salaried employees already eligible to earn leave credits
under the Attendance Rules for their work schedule equated to their payroll
percentage.
For example, an employee with a
payroll percentage of 40% and corresponding work schedule of four days per pay
period cannot participate in the Program even though the employee works
additional time for a fifth day each pay period because the employee’s work
schedule based on his/her payroll percentage is not a qualifying schedule. On the other hand, an employee with a payroll
percentage of 50% earns leave credits under the Attendance Rules based on the
work schedule corresponding to his/her payroll percentage and is eligible to be
granted vacation, sick leave and personal leave adjustment credits for
additional time worked beyond his/her 50% schedule under this Program.
Participating employees are not
eligible to be credited under this Program for additional hours worked in
excess of the normal 37.5 or 40-hour workweek.
1. Agencies
must review the additional time worked by eligible part-time annual salaried
employees twice a year, for payrolls 1-13 and for payrolls 14-26. Additional vacation and sick leave will be
credited within 60 days after the end of payroll period 13 and within 60 days
after the end of payroll period 26.
2. Agencies
must credit eligible employees with vacation and sick leave adjustment credits
proportional to the additional hours worked during the 13 pay periods under
review.
An
employee must have worked a minimum of five (5) hours of additional time above
the number of hours equated to his/her payroll percentage to earn an additional
one-quarter (1/4) hour of sick leave.
Eligible employees are credited with one-quarter (1/4) hour of sick
leave for every five (5) hours of additional time worked during the thirteen
pay periods under review. For this
purpose, time worked includes time charged to leave credits (see (3) below).
Vacation Adjustment Credits for Employees Who Accrue
at the Thirteen-Day Rate
An
employee who earns vacation at the 13-day rate must have worked a minimum of
five (5) hours of additional time above the number of hours equated to his/her
payroll percentage to earn an additional one-quarter (1/4) hour of vacation. Eligible employees are credited with
one-quarter (1/4) hour of vacation for every five (5) hours of additional time
worked during the thirteen pay periods under review. For this purpose, time worked includes time
charged to leave credits (see (3) below).
Vacation Adjustment Credits for Employees Who Accrue at the Twenty-Day
Rate
An
employee who earns vacation at the 20-day rate must have worked a minimum of
three and one quarter (3.25) hours of additional time above the number of hours
equated to his/her payroll percentage to earn an additional one-quarter (1/4)
hour of vacation. Eligible employees are
credited with one-quarter (1/4) hour of vacation for every three and one
quarter (3.25) hours of additional time worked during the thirteen pay periods
under review. For this purpose, time
worked includes time charged to leave credits (see (3) below).
When
an employee’s seventh anniversary date falls during the 13 pay periods under
review, the employee will be credited with vacation adjustment credits at the
13-day rate for those 13 pay periods and thereafter will be credited with
vacation adjustment credits at the 20-day rate.
Some examples follow:
A.1. During payroll periods 1-13 of 2005, a
half-time PS&T unit employee with three years of creditable service works a
total of 80 hours beyond her normal half-time schedule. This employee would be credited with an
additional four (4) hours of vacation and four (4) hours of sick leave within
60 days after payroll period 13. (80
hours of additional time worked divided by 5 hours = 16 five-hour segments
multiplied by .25 hour credited for each 5 hours of additional time worked =
four (4) hours of additional vacation and four (4) hours of additional sick
leave.)
A.2.
During payroll periods 14-26 of 2005, this employee works 155 hours above her
payroll percentage and earns 7.75 hours of additional vacation and 7.75 hours
of additional sick leave. (155 hours
divided by 5 hours = 31 five-hour segments multiplied by .25 hour credited for
each 5 hours of additional time worked = 7.75 hours of additional vacation and
7.75 hours of additional sick leave credit.)
B.1.
During payroll periods 1-13 of 2005, a half-time PS&T unit employee with
ten years of creditable service works a total of 80 hours beyond her normal
half-time schedule. This employee would
be credited with an additional six and one quarter (6.25) hours of vacation and
four (4) hours of sick leave within 60 days after payroll period 13. The vacation is calculated as follows: 80
hours of additional time worked divided by 3.25 hours = 24.62 three and
one-quarter hour segments multiplied by .25 hour credited for each 3.25 hours
of additional time worked = 6.15 hours.
Rounding to the nearest quarter hour, the employee receives 6.25 hours
of additional vacation. The sick leave
is calculated as described in example A.1 above.
B.2.
During payroll periods 14-26 of 2005, this employee works 155 hours above her
payroll percentage and earns 12 hours of additional vacation and 7.75 hours of
additional sick leave. The vacation is
calculated as follows: 155 hours divided by 3.25 hours = 47.69 three and one
quarter hour segments multiplied by .25 hour credited for each 3.25 hours of
additional time worked = 11.92 hours.
Rounding to the nearest quarter hour, the employee receives 12 hours of
additional vacation. The sick leave is
calculated as described in example A.2. above.
3. Employees
must charge accruals on the basis of the total number of hours the employee is
scheduled to work on a given day, beginning with the first day following the
payroll period in which the employee is first credited with additional vacation
and sick leave under this Program. Until
the first time the employee is credited with additional vacation and sick
leave, the employee who takes a day off charges credits only to cover the
normal schedule corresponding to the payroll percent and not to cover any
additional scheduled hours. The employee
simply does not receive pay for those additional hours. Beginning with the pay period after being
credited for the first time with additional vacation and sick leave, the
employee is required to charge credits for all scheduled hours on a given day,
including any additional scheduled hours, and therefore receives pay for those
additional hours.
For
example, a 50 percent employee on the administrative payroll cycle who works 20
hours per week, four hours per day, begins working additional time for the
first time in pay period 1 in fiscal year 2005-2006. On
4. Vacation
and sick leave adjustment credits must be added to the employee’s regular
vacation and sick leave balances.
Employees continue to be subject to a prorated sick leave maximum, and to a prorated vacation maximum on April 1 of
each year, based on their payroll percentage.
Employees who separate from State service receive a lump sum payment for
unused vacation of up to 30 prorated days based on their payroll
percentage. Separating employees should
be credited as of the date of separation with any additional leave to which
they are entitled under this Program so that such leave can be included in the
vacation lump sum payment and, for retirees, in the calculation of retirement
service credit and the sick leave credit for health insurance in retirement,
subject to applicable maximums based on the employee’s payroll percentage.
1. Agencies
must review the additional time worked by eligible part-time annual salaried
employees once a year. Employees who work additional time will be credited with
personal leave adjustment credit once a year on the personal leave adjustment
date. The personal leave adjustment date
will not change if the employee is not in pay status on that date. The first personal leave adjustment date
will be May 30, 2005 for the six month period October 1, 2004 through March 31,
2005. The personal leave adjustment for
the period April
1, 2005 through March
31, 2006 will be credited on May
30, 2006. The personal leave adjustment
for the period April
1, 2006 through March
31, 2007 will be credited on May
30, 2007. . The
personal leave adjustment date will be May 30, following the end of each April
1-March 31 fiscal year.
2. Agencies
must credit eligible employees with personal leave adjustment credits
proportional to the number of additional hours worked during the 26 pay periods
under review. An employee must have worked a minimum of 13 hours of additional
time above the number of hours equated to his/her payroll percentage to earn an
additional one-quarter (1/4) hour of personal leave. Eligible employees are credited with
one-quarter (1/4) hour of personal leave for every 13 hours of additional time
worked during the 26 pay periods under review.
For this purpose, time worked includes time charged to leave credits.
For
example, during the period
3. Employees
must charge accruals on the basis of the total number of hours the employee is
scheduled to work on a given day beginning with the first day following the pay
period in which the employee is first credited with additional vacation and
sick leave credits under this Program (see Vacation and Sick Leave (3) above.)
4. Personal
leave adjustment credits accrued as a result of additional time worked will be
kept in a separate leave category called “Personal Leave Adjustment.”
5. An
employee will have 12 months from the personal leave adjustment date to use
personal leave adjustment credits.
Unused leave will lapse at close of business on the day prior to the
personal leave adjustment date.
6. If
the payroll percentage of an eligible employee changes (i.e., 50% to 75%, 50%
to 100%, etc.) the employee’s unused regular personal leave balance will be
converted to days based on the new percentage.
Personal leave adjustment time will not be carried forward.
Agencies or facilities may
develop procedures in local labor/management regarding access during the 60-day
recording period, in cases of special need for leave, to vacation, sick leave
and personal leave adjustment credits earned but not yet recorded.
The parties shall
develop guidelines for application of this program to PS&T Unit members to
work on a part-time basis in ten-month items as soon as practicable upon
ratification of the 2007-11 State/PEF Agreement. Such guidelines shall be applicable to all
agencies employing ten-month employees on a part-time basis.
Sincerely,
John Currier
Deputy Director for Contract Negotiation and Administration
Governor's Office of Employee Relations
Countersigned for PEF:
President