21.1 Sundays and Holidays - Contract Pages

Absence With Pay (Part 21)

Section 21.1 - Sundays and Holidays

C-1 Holiday Observance

Negotiating Units:

Administrative Services Unit Article 10.1(a)
Institutional Services Unit Article 10.2(a)
Operational Services Unit Article 10.1(a)
Professional, Scientific and Technical Services Unit Article 12.1(a)
Rent Regulation Services Unit Article 12.1(a)
Security Services Unit Article 16.4(a) and (b)
Security Supervisors Unit Article 16.4(a) and (b)

Effect:

Full-time employees in these units who are entitled to time off with pay on days observed by the State as an employer are eligible for up to 12 paid holidays annually. If any of the holidays enumerated in Section 21.1 of the Attendance Rules or in the subject contract articles fall on a Saturday, another day will be designated as a holiday in lieu thereof or employees will be allowed equivalent compensatory time off.

Employees who are not entitled to time off with pay on days observed as holidays by the State as an employer (e.g., institution teachers and hourly or per diem employees who do not acquire coverage under the Attendance Rules for State employees) are neither entitled to nor eligible for time off with pay on days designated by the State to be observed as holidays in lieu of holidays which fall on Saturday.

Part-time hourly and per diem employees who have attained Attendance Rules coverage (or who have been granted anticipated eligibility) and part-time annual salaried employees are eligible to observe only those holidays which fall on days they are normally and regularly scheduled to work or actually do work. (See p. C-6 of this Section for an exception.)

TM-6 - No Substantive Changes - January 1991

C-2 Holiday Observance

Negotiating Units:

Administrative Services Unit Article 10.1(b)
Operational Services Unit Article 10.1(b)

Effect:

These articles make no change in the benefit already available. They simply confirm that pursuant to these provisions of the General Construction Law, holidays which fall on a Sunday are observed on the following Monday. Therefore, whenever New Year's Day, Lincoln's Birthday, Independence Day, Veterans' Day or Christmas fall on a Sunday, the observance will be on the following Monday.

TM-6 - New or Revised Material - January 1991

C-3 Dr. Martin Luther King Jr. Day

Negotiating Units:

Administrative Services Unit Article 10.1(b)
Institutional Services Unit Article 10.2(c)
Operational Services Unit Article 10.1(b)
Professional, Scientific and Technical Services Unit Article 12.1(b)
Rent Regulation Services Unit Article 12.1(b)
Security Services Unit Article 16.5
Security Supervisors Unit Article 16.5

Effect:

The New York State General Construction Law Section 24, which identifies legal holidays in New York State, was amended July 9, 1984 to include "the third Monday of January to be known as Dr. Martin Luther King, Jr. Day . . ." beginning in 1985.

Pursuant to the above contract articles, this legal holiday is observed by State employees as a twelfth holiday, in the same manner and to the same extent and subject to the same limitations and restrictions as the eleven holidays identified for observance by the Attendance Rules.

TM-6 - No Substantive Changes - January 1991

C-4 Designation of Floating Holidays

Negotiating Units:

Administrative Services Unit Article 10.1(c)
Institutional Services Unit Article 10.2(d)
Operational Services Unit Article 10.1(c)
Professional, Scientific and Technical Services Unit Article 12.1(d)
Rent Regulation Services Unit Article 12.1(c)

Effect:

Pursuant to the subject contract provisions, the State may, at its option, designate up to two floating holidays in each contract year in lieu of two of the twelve holidays regularly observed. The State is required to announce the designation of holiday(s) to be floated in April of each contract year.

Once floating holidays are designated, these days are no longer observed as holidays and are to be treated as regular workdays. However, an employee's status on the dates designated as floating holidays determines his/her eligibility to be credited with a floating holiday.

In order to be credited with a floating holiday, an employee must meet the following criteria:

The employee must be otherwise eligible to observe holidays under the Attendance Rules and negotiated agreements; and
The employee must be in service on the date of the holiday which is designated as a floating holiday; that is, the employee must be in full pay status for any portion of his/her work shift on that date.

Employees are deemed to be in full pay status on the date of the holiday designated as a floating holiday if, for any portion of their work shift on that day, they work, charge absence to leave credits or are on leave with full pay without charge to leave credits (e.g., paid military leave, workers' compensation leave with full pay without charge to credits, workers' compensation supplemental payroll or jury leave).

Employees on sick leave at half-pay and employees on leave without pay for the entire day on the date designated as a floating holiday are not eligible to be credited with a floating holiday.

TM-6 - No Substantive Changes - January 1991

C-5

Full-time employees for whom that date is a pass day are eligible to be credited with a floating holiday. Part-time employees must be regularly scheduled to work or directed to work on the date of the holiday that is designated as a floating holiday in order to be credited with a floating holiday.

Eligible full-time employees are credited with a 7 1/2- or 8-hour floating holiday, as appropriate. Eligible part-time employees are credited with a floating holiday equivalent to the number of hours they are scheduled to work or actually do work on the date designated as a floating holiday (up to a maximum of 7 1/2 or 8 hours).

Subject to agency procedures for requesting time off, an eligible employee may use his/her floating holiday any day beginning with the date so designated and ending one year later. Floating holidays not used within that 12-month period are forfeited.

Floating holidays are to be recorded in a separate leave category and are to be used in full day units. Employees required to work on the date they originally selected to observe their floating holiday are not eligible to receive holiday compensation (either holiday pay or holiday leave); instead, they must select another date on which to observe their floating holiday.

While employee requests to observe floating holidays are subject to prior supervisory approval consistent with operating needs of the State, such requests should not be unreasonably or arbitrarily denied.

TM-6 - No Substantive Changes - January 1991

C-6 Observance of Saturday Holidays - Part-Time Employees

Negotiating Units:

Administrative Services Unit Article 10.11(b)
Institutional Services Unit Article 10.16(b)
Operational Services Unit Article 10.16(b)

Effect:

The Attendance Rules and negotiated agreements currently provide that part-time employees who are eligible to observe holidays are entitled to observe only those holidays that fall on days such employees are regularly scheduled to work or actually do work. Therefore, an eligible part-time employee is entitled to observe the holiday (or, if the employee works, to receive holiday leave or holiday pay) when a holiday coincides with a workday. (See page C-1 for further discussion of eligibility to observe holidays. See Section 21.1, page 5, concerning the holiday leave benefit available to eligible part-time employees.)

The 1982-85 Administrative, Institutional and Operational Services Unit agreements extend an additional holiday benefit to certain part-time employees in these units in the event a holiday falls on a Saturday and another day is not designated in lieu thereof. Employees subject to this new item are those who meet all the following criteria:

Are eligible to observe holidays.
Are regularly scheduled to work at least half-time.
Are regularly scheduled to work on the Friday immediately preceding a holiday that falls on Saturday and are not regularly scheduled to work on the Saturday holiday.
Are not directed to work on the Saturday holiday.

Employees meeting these criteria shall be credited with holiday leave whenever a holiday falls on Saturday. Eligible employees are to be credited with this leave effective the beginning of business on the first regular workday following the Saturday holiday. The amount of holiday leave to be credited is to be equivalent to the number of hours in the employee's regular Friday schedule, except that the number of hours credited as holiday leave cannot "exceed 1/5 the number of hours in the normal workweek of full-time State employees" (i.e., 7 1/2 or 8 hours).

The existing provisions concerning entitlement to holiday compensatory time and/or holiday pay for part-time employees who do not meet the specific requirements of this Section are continued intact.

TM-6 - No Substantive Changes - January 1991

C-7 Anticipated Eligibility to Observe Holidays

Negotiating Units:

Administrative Services Unit Article 10.11(a)
Institutional Services Unit Article 10.16(a)
Operational Services Unit Article 10.16(a)

Effect:

Employees in these units who are compensated on a per diem or hourly basis and who are expected to attain eligibility for coverage under the Attendance Rules for State employees upon completion of nine months (19 biweekly pay periods) of service may be granted anticipated eligibility to accrue leave credits and to observe holidays. Employees granted such anticipated eligibility become eligible for leave with pay on days observed as holidays. Such per diem and hourly employees are entitled to holiday pay or compensatory time off for time worked on a holiday subject to the same limitations and restrictions as apply to other employees entitled to time off with pay on days observed as holidays by the State as an employer.

As is the case with annual salaried part-time employees, per diem and hourly employees who are employed on a part-time basis are entitled to leave with pay for the observance of a holiday only if the holiday falls on a day such employees are normally and regularly scheduled to work or actually do work. Part-time employees (annual salaried, per diem, or hourly) have never been and are not now automatically eligible for the same number of paid holidays as full-time employees. (See p. C-6, this Section, for an exception to this provision for certain part-time employees who work on Fridays and not Saturdays when a holiday falls on Saturday.)

TM-6 - No Substantive Changes - January 1991

C-8 Holiday Pay - General Provisions

Negotiating Units:

Administrative Services Unit Article 7.14
Institutional Services Unit Article 7.14
Operational Services Unit Article 7.14
Professional, Scientific and Technical Services Unit Article 7.12
Rent Regulation Services Unit Article 7.12
Security Services Unit Article 16
Security Supervisors Unit Article 16

Effect:

Employees in the negotiating units above who are entitled to time off with pay on days observed as holidays by the State as an employer are entitled to be compensated in cash for time worked on such holidays unless they waive such additional compensation and, instead, elect to receive compensatory time off for such time. Holiday pay may be waived for all holidays which fall during the period of the waiver but may not be waived for individual holidays. All employees are entitled to change their holiday waiver during the holiday waiver period April 1 to May 15. Employees in the Security Services and Security Supervisors Units are also entitled to waive additional compensation for time worked on holidays at time of appointment to State service if appointed after May 15 and before
April 1.

Work on a holiday must be authorized and compensation paid for such work as provided by the Holiday Compensation Rules of the Director of the Budget. Such compensation may be paid only for time actually worked on a holiday during the hours that correspond to the employee's regular work shift. For employees on compressed workweeks, holiday compensation is payable for work performed during the hours corresponding to the first 7 1/2 or 8 hours of the employee's work shift.

Saturday Holidays

Employees in these units are also eligible for holiday pay for time worked on holidays which fall on Saturday unless the State designates another day to be observed as a holiday in lieu of the Saturday holiday.

Holiday Pay and Overtime

Pursuant to Part 135, Overtime Compensation, and Part 144, Holiday Compensation, of the Budget Director's Rules and Regulations and the appropriate contract provisions, employees who are entitled to holiday pay...

TM-6 - No Substantive Changes - January 1991

C-9

...for time worked on holidays and who are eligible for overtime for time worked in excess of the basic workweek are eligible to receive both holiday pay and overtime when directed to work during the hours that correspond to the employee's regular work shift on a holiday which is also the employee's pass day.

TM-6 - No Substantive Changes - January 1991

C-10 Holiday Pay - Special Holidays

Negotiating Units:

Administrative Services Unit
Institutional Services Unit
Operational Services Unit
Professional, Scientific and Technical Services Unit
Rent Regulation Services Unit
Security Services Unit
Security Supervisors Unit

Effect:

Election Day

Employees required to work on Election Day (a holiday) who are allowed time off (up to 2 hours with pay) to vote in accordance with Section 3-110 of the Election Law (see Section 21.12, page 7) are entitled to holiday pay only for actual time worked. If an employee who has waived holiday pay works six hours on Election Day and is allowed two hours off to vote, he/she is entitled to be credited with a full day off in lieu of the holiday. If he/she has not waived holiday pay, he/she is entitled to holiday pay for the six hours worked plus two hours of holiday leave.

Memorial Day, Independence Day and Veterans' Day

An eligible veteran who has a holiday pay option and who actually does work on Memorial Day or Veterans' Day, or an eligible former reservist who has a holiday pay option and who actually does work on Independence Day, is also entitled to compensatory time off with pay as provided by Section 63 of the Public Officers Law or Section 249 of the Military Law (see Section 21.12, page 6). If the employee has waived holiday pay, the employee is entitled to compensatory time off for time worked on the holiday in lieu of such holiday pay and is not entitled to a second day of compensatory time off because of provisions of the Public Officers Law or the Military Law. In the one case, both holiday pay and compensatory time off must be granted; in the other case, only the one day of compensatory time off may be allowed.

An eligible former reservist is entitled to compensatory time off for time worked on Independence Day and an eligible veteran for time worked on Memorial Day or Veterans' Day (see Section 21.12, page 6). If Independence Day or Veterans' Day falls on a Saturday, the State can designate another day to be observed as the holiday by the State, as an employer, in lieu of such holiday. An employee entitled to observe holidays is entitled to holiday pay and/or holiday leave for time worked on the days designated as holidays by the State, as an employer, in accordance with the Attendance Rules and these provisions.

TM-6 - New or Revised Material - January 1991

C-11

Such employee does not receive holiday pay or holiday leave under the Rules and contracts for time worked on the Saturday legal holiday since the State, as an employer, has designated another day in lieu. However, the legal holiday is still Saturday and pursuant to Section 63 of the Public Officers Law or Section 249 of the Military Law, the employee is also entitled to compensatory time off for time actually worked on the legal holiday.

TM-6 - New or Revised Material - January 1991

C-12 Holiday Pay - Special Compensation

Negotiating Units:

Administrative Services Unit Article 7.14(d)
Institutional Services Unit Article 7.14(d) and 10.2(e)
Operational Services Unit Article 7.14(d) and 10.1(b)
Professional, Scientific and Technical Services Unit Article 7.12(c)

Effect:

Thanksgiving and Christmas Holidays

Employees in the units listed above who are entitled to time off with pay on the days observed as the Thanksgiving Day and Christmas Day holidays by the State as an employer and who have not waived cash compensation for holiday work, will receive holiday pay for time worked on these days at the rate of 3/20 of the employee's biweekly rate of compensation. Such holiday pay is prorated for less than a full day of work. Holiday compensation for all other holidays is at the rate of 1/10 of the employee's biweekly rate of compensation for each full day of holiday work and is prorated for less than a full day's work.

This provision has no impact on the way holiday leave is granted on these two holidays for employees who are eligible for holiday leave. Holiday leave for time worked on these two holidays is granted as for any other holiday on an hour-for-hour basis equal to the number of hours worked up to a maximum of 7 1/2 or 8 hours as appropriate.

TM-6 - No Substantive Changes - January 1991

C-13 Holiday Pay - Holiday Call-In

Negotiating Units:

Administrative Services Unit Article 7.14(c)
Institutional Services Unit Article 7.14(c)
Operational Services Unit Article 7.14(c)

Effect:

Employees in the units listed above who are entitled to time off with pay on the days observed as holidays by the State, as an employer, may be entitled to holiday call-in pay if:

the employee is called in to work during his/her regularly scheduled hours of work,
it is a day other than the employee's pass day,
the employee is scheduled to be observing the holiday, and
the employee completes the assignment in less than one-half day.

If these criteria are met, an employee is entitled to a minimum of one-half day's pay or compensatory time off, as appropriate, in accordance with his/her election of holiday pay waiver. (See the appropriate Office of the State Comptroller bulletin for further details concerning the compensation rates for holiday pay.)

Once an employee has worked one-half day or more on a holiday, holiday call-in provisions no longer apply (unless the employee is again recalled during that shift) and the employee is entitled to holiday compensation based on actual hours worked up to 7 1/2 or 8 as appropriate. These Articles provide that there shall be no assignment of routine or non-emergency duties in order to avoid the payment of holiday call-in pay.

For employees whose workweek is 37 1/2 hours, one-half day is equal to 3 3/4 hours. For employees whose workweek is 40 hours, one-half day is equal to 4 hours.

A 37 1/2 hour workweek employee entitled to holiday call-in pay shall receive 3 3/4 hours of holiday pay or holiday leave for time worked up to 3 3/4 hours and shall be deemed to be observing the holiday for the remainder of his/her shift. Once the employee has worked 3 3/4 or more hours on a holiday, such employee is entitled to holiday compensation based on actual hours worked, up to 7 1/2.

A 40 hour workweek employee entitled to holiday call-in pay shall receive 4 hours of holiday pay or holiday leave for time worked up to 4 hours and shall be deemed to be observing the holiday for the remainder of his/her shift. Once the employee has worked 4 or more hours on a holiday, such employee is entitled to holiday compensation based on actual hours worked up to 8.

TM-6 - New or Revised Material - January 1991

C-14 Holiday Accruals

Negotiating Units:

Administrative Services Unit Article 10.2(a)
Institutional Services Unit Article 10.2(b)
Operational Services Unit Article 10.2
Professional, Scientific and Technical Services Unit Article 12.3
Rent Regulation Services Unit Article 12.2

Effect:

For employees in these units, compensatory time off granted for time worked on holidays or in lieu of holidays must be recorded and maintained for timekeeping purposes as Holiday Leave. There is no maximum number of days that can be accumulated and no authorization to compensate employees in cash for unliquidated holiday leave upon separation. If an employee moves under the Attendance Rules to another State agency, holiday leave is transferred. If an employee is terminated following disciplinary action, or resigns in lieu of discipline, or is deemed to have resigned pursuant to an unauthorized absence contract provision, there is no entitlement to exhaust holiday leave prior to separation.
(See Section 23, Payment of Accruals Upon Separation.)

Employees in the Institutional Services, Professional, Scientific and Technical Services and Rent Regulation Services Units should be given reasonable opportunity to exhaust holiday leave time prior to separation. Employees in the Administrative and Operational Services Units shall be allowed to exhaust these credits within one year of the date earned or prior to the date of separation, whichever occurs first.

The effect of the provision in the Administrative Services Unit and Operational Services Unit agreements is as follows. If an employee provides sufficient advance notice of resignation to allow management to make necessary schedule adjustments, the appointing authority must make every reasonable effort to grant holiday leave to the employee as requested prior to the effective date of the resignation. In addition, for employees in these units, holiday leave not used within one year of the date it was earned is lost.

When an employee moves to a position in ASU or OSU from any other unit, such employee is entitled to transfer holiday leave credits in accordance with the usual procedures governing the transfer of credits. This employee shall have one year from the effective date of the movement to the ASU or OSU position or shall have the opportunity prior to separation, whichever occurs first, to use all holiday leave credits so transferred.

TM-6 - No Substantive Changes - January 1991

C-15

Due to the limits on holiday leave, agencies should encourage employees to use holiday leave and could, as part of agency policy, recommend that absences be charged against holiday leave credits which would otherwise be charged against annual leave or personal leave, provided the employee is not at or approaching either the annual leave maximum or the personal leave anniversary date.

TM-6 - No Substantive Changes - January 1991

C-16 Holiday Accruals

Negotiating Units:

Security Services Unit Article 16.3
Security Supervisors Unit Article 16.3

Effect:

For employees in these units, compensatory time off granted for time worked on holidays or in lieu of holidays must be added to vacation accruals and shall be available for use, accumulation, transfer, and cash payment subject to the same limitations and restrictions as apply to vacation credits with the exceptions noted below.

Use of/or Payment for Holiday Time Accrued as Vacation

An employee is entitled to cash compensation for holiday time credited as vacation if he/she separates from service prior to the date on which he/she would have become eligible to earn and accumulate vacation under the Attendance Rules for State employees; i.e., before completion of 13 qualifying biweekly pay periods of service. Although the employee is not entitled to use such "holiday vacation" accruals for absences from duty which occur prior to completion of the 13 pay periods of service, the employee may be allowed to use such accruals for such absences.

Transfer To These Units

Holiday leave balances shall be transferred upon movement of an employee from other bargaining units into the Security units. Such balances shall be converted to vacation accruals in the new unit and, if such conversion causes the employee's vacation balance to exceed the allowable maximum vacation accumulation for that unit, the employee shall not earn additional vacation on a biweekly basis unless or until the employee either reduces vacation accruals below the allowable maximum for the new unit or exercises his/her rights under Article 14.1 to exceed the maximum following denial of a request to use vacation (see Section 21.2, p. C-6).

TM-6 - No Substantive Changes - January 1991

C-17 Holiday Scheduling

Negotiating Unit:

Institutional Services Unit Article 10.1 (a) (b) (c)

Effect:

For employees in the Institutional Services Unit, seniority (as defined in the Seniority Article of the ISU agreement) must be used for purposes of scheduling time off on holidays when the number of employees requesting such time off exceeds the number who can be allowed it. Agencies may establish deadlines for the submission of employee requests for time off on holidays as a prerequisite for scheduling holiday time off by seniority and such deadlines must be worked out jointly with CSEA.

TM-6 - No Substantive Changes - January 1991

C-18 Holiday Shift Designation

Negotiating Unit:

Professional, Scientific and Technical Services Unit Article 12.2

Effect:

This contract provision establishes the holiday shift for employees in the PS&T Unit whose work shift spans two calendar days. Specifically, for any shift which begins at 11 p.m. or later, the holiday shift shall be the shift that starts the day before the holiday. For example, when Labor Day falls on Monday, September 6, for PS&T Unit employees, a shift beginning at 11 p.m., Sunday, September 5, and ending on Monday, September 6, would be a holiday shift. The employee's status on this shift will determine eligibility for holiday compensatory time or holiday pay. Agencies considering holiday shift designation changes for other employees, to conform to those required in the PS&T Unit, should contact the Governor's Office of Employee Relations prior to making any such change.

When a shift has more than eight work hours, such as in the case of some compressed workweek schedules, the first seven and one-half or eight hours of the shift constitute the holiday shift for the purpose of determining entitlement to holiday time or holiday pay. See page 6, Section 21.1, of this Manual for further discussion of designation of holiday shift.

TM-6 - No Substantive Changes - January 1991

Revision History	TM-6 - January 1991
C-1, C-3 thru 9, C-12, C-14 thru 18	No Substantive Changes
C-2, C-10 & 11, C-13	New or Revised Material

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