Section 21.1 - Sundays and Holidays
The purpose of this Section is to provide time off with pay to eligible employees for the observance of certain legal holidays.
Background and Historical Note
NOTE: These Attendance Rules were adopted in 1957 and authorize limited holiday benefits. The holiday benefit provided by these Rules has been significantly changed by negotiated agreement. Given this evolution, Manual users should be careful to read and to apply the references to the negotiated provisions in the Related Contract Provisions column.
The references to Sundays in this Rule are outdated. The Rule entitled employees to one day off each week, Sunday; however it was not possible in an institution setting for everyone to have Sunday off. Consequently, employees were credited with a "pass day" to take off another day of the week when they worked on a Sunday. The Rules have been interpreted for some time to acknowledge that employees in office settings generally are scheduled to work Monday through Friday and have non-work or "pass days" on Saturday and Sunday. In facilities and other seven-day-a-week operations, employees have at least two days during the week that are not regularly scheduled workdays, i.e., pass days, but not necessarily Saturday and Sunday.
See related contract provisions in 20.1; C-6
All employees subject to the Attendance Rules are covered by the provisions of this Section.
The following holidays are granted as days off with pay except when they fall on Saturday: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day.
Under the Attendance Rules a holiday which falls on a Sunday shall be observed on the following Monday and a holiday which falls on a Saturday shall not be observed as a holiday for the purpose of granting time off with pay or for granting leave for working on a holiday.
See related contract provision C-1
Employees required to work on Election Day and who have been granted time off to vote in accordance with Section 226 of the Election Law, are entitled to a full day off in lieu of the holiday. For information concerning time off to vote, see Section 21.12, "Leaves Required by Law," in this Manual.
See related contract provisions C-10
Observance by Veterans of Memorial Day and Veterans' Day When These Days Fall on a Saturday
See Section 21.12, "Leaves Required by Law," in this Manual.
See related contract provisions C-10
Special holidays not provided by these Rules for State employees can be granted only as directed or authorized by the Governor.
Holiday Observance and Holiday Work
The phrase "a holiday observed by the State as an employer" means a holiday on which eligible employees may absent themselves from work with pay without charge to credits.
For purposes of this discussion, an employee is deemed to be observing the holiday if the holiday falls on the employee's regularly scheduled workday and the employee has that day off with pay for the hours that correspond to his/her regular work schedule up to a maximum of 7 1/2 or 8 hours.
When a holiday falls on a full-time employee's regular day off (pass day), he/she is entitled to equivalent time off in lieu of the holiday (holiday leave).
NOTE: The Attendance Rules do not authorize the observance of holidays that fall on Saturdays but see Related Contract Provisions reference for inclusion of Saturday holidays.
Employees, irrespective of their eligibility to earn overtime, are entitled to compensatory time off if they work on one of these holidays as part of their normal work schedule. If they work on one of these holidays and that day is not part of their normal work schedule (pass day and holiday coincide), they are entitled to compensatory time off for having worked on the holiday and, if eligible to earn overtime, may also be entitled to overtime compensation for having worked on the pass day, in accordance with the Overtime Rules of the Director of the Budget.
An employee who works in a facility or agency with a seven-day-a-week operation who is absent on sick leave on a holiday may charge his/her absence against accumulated sick leave credits, upon request, if the holiday is, for him/her, a regularly scheduled workday. When an employee in this circumstance charges an absence on the holiday to sick leave as provided in this paragraph, he/she is entitled to equivalent time off in lieu of the holiday. Employees in offices, agencies or facilities whose operations do not require that employees work seven days a week and who are absent on leave with full pay on a holiday should charge such absence as a holiday and not to leave credits.
Earning and Crediting Holiday Leave Time
Full-time employees who are eligible for holiday leave time are entitled to time off with pay on days observed by the State, as an employer, up to 7 1/2 or 8 hours depending upon the employee's basic workweek.
See related contract provisions C-14
There is no maximum number of holiday leave credits that an employee may accumulate.
See related contract provisions C-14
Since employees at the time of separation may not be compensated in cash for compensatory time off credited in lieu of holidays, it is necessary that such time off be scheduled prior to separation from service. With due consideration for the needs and wishes of employees, such time off should be scheduled as soon as possible following the holiday worked.
Use of Holiday Leave Credits
The use of holiday leave credits is subject to the prior approval of the appointing authority. Credits may be charged in less than full-day units in accordance with existing agency requirements for minimum units of liquidation (e.g., ten-minute or fifteen-minute units).
Holiday leave credits are not available for use until the beginning of business on the day after the holiday on which they were earned.
It is recommended that agencies encourage employees to use holiday leave credits and could, as part of agency policy, recommend that absences be charged against holiday credits before being charged to annual leave or personal leave (provided that an employee is not at or approaching the annual leave maximum or the personal leave anniversary date).
Transfer of Holiday Credits
All earned and unused holiday leave credits are transferred with an employee when he/she moves between positions covered by the Attendance Rules.
See related contract provisions C-16
Holiday leave credits transferred upon movement from a position with a basic workweek of 37 1/2 hours to a position with a basic workweek of 40 hours or vice versa, should not be converted but should be transferred in hours without increase or decrease.
Holiday leave credits transferred upon movement between full-time and part-time items should not be converted but should be transferred in hours without increase or decrease.
Restoration of Unused Holiday Leave Credits
Employees reinstated or reemployed in a State agency within one year of separation, or reinstated at any time by action of the Civil Service Commission, or reinstated or reemployed while on a preferred list shall have all earned and unused holiday leave credits, substantiated by adequate documentation, restored to them by the employing agency.
Annual salaried part-time employees shall be granted leave with pay for the observance of a holiday if the holiday falls on a normal workday for such employees. It is the employee's daily work schedule and not the percentage of employment that determines the amount of holiday leave to which the employee is entitled. For example, an 80% employee whose work schedule is 6 hours a day Monday through Friday observes a Monday holiday for those 6 hours. An 80% employee whose schedule is eight 7 1/2 hour days out of each ten days in a pay period would observe a holiday that coincided with a workday for 7 1/2 hours.
See related contract provisions C-6
Annual salaried part-time employees who are required to work on a holiday are eligible for holiday leave for all hours worked on such a holiday up to a maximum of the full shift, 7 1/2 or 8 hours.
See Appendix D, Part-Time Employment, for additional information.
Per Diem and Hourly Employees
There is no provision in the Attendance Rules to grant leave with pay for the observance of a holiday to per diem and hourly employees who have fewer than 19 pay periods of continuous service; i.e., those who are not covered by the Attendance Rules.
Per diem and hourly employees who have Attendance Rules coverage are treated the same as annual salaried employees for the purposes of holiday observance, i.e., those scheduled to work full-time and otherwise eligible observe all holidays and those scheduled to work part-time observe holidays that coincide with scheduled workdays and receive holiday compensatory time for holidays on which they are directed to work.
Under the Attendance Rules for State employees, the "holiday shift" for employees whose work shift spans two calendar days is either the full work shift beginning on the day observed as the holiday or the full work shift ending on the holiday.
See related contract provisions C-18
The determination as to which of the two shall be considered the holiday shift is discretionary with the appointing authority as is the method used for making such determinations for each holiday. The Christmas holiday shift for the employee who works from 8:00 p.m. to 4:00 a.m. could be either of two shifts: 8:00 p.m. on December 24 to 4:00 a.m. on December 25 or 8:00 p.m. on December 25 to 4:00 a.m. on December 26.
For purposes of determining whether an employee has worked on a holiday and is entitled to compensatory time off (holiday time) or additional compensation, it is necessary to designate and identify in advance what period of time constitutes the "holiday shift." Such designations should be made known to employees whose work shift spans two calendar days.
Attendance at Conference, Meeting or Institute on a Holiday
When an employee is ordered or directed to attend a conference, meeting or institute (or he/she is otherwise deemed in duty status while in attendance), time spent in attendance at or in travel status to or from such conference, meeting or institute on a holiday is deemed time worked on such holiday for purposes of determining eligibility for compensatory time off.
Employees on Compensation Leave, Sick Leave at Half-Pay, Military Leave or Leave Without Pay
An employee on workers' compensation leave with pay not charged to leave accruals may not charge any absence during such leave as a holiday and he/she may not be allowed any compensatory time off for holidays which fall during the period of such leave. He/She is not entitled to any credit for holidays which fall during a period of such leave with pay.
An employee on sick leave at half-pay is not entitled to any credit for holidays which fall during a period of such leave. He/She may not be granted leave with full-pay for any such holiday nor allowed any compensatory time off.
An employee on military leave on a holiday is considered to be observing the holiday. When an employee is on military leave on a holiday, the holiday is counted as a calendar day of military leave but not as a workday.
See Section 21.12, Leaves Required by Law.
An employee on leave without pay is not entitled to any credit for holidays which fall during a period of such leave. Under the Rules, an employee in leave without pay status on both the day before and the day after a holiday is not eligible to observe the holiday since the holiday falls during a period of leave without pay. Under the Rules (and absent an agency policy) an employee in full-pay status on either the day before or the day after the holiday is eligible to observe the holiday since the holiday does not fall during a period of leave without pay.
Agencies have the discretion to develop policies to determine an employee's pay status on a holiday when he/she has been in leave without pay status before and/or after the holiday. Various agency policies may provide that in order to observe the holiday, the employee
Absent an agency policy, the Attendance Rules interpretation prevails.
These provisions do not apply to employees who actually work on the holiday (and who therefore receive holiday pay or holiday leave for time worked on the holiday) regardless of their pay status before or after the holiday. These provisions also do not apply to employees scheduled to work on the holiday who are absent on the holiday without proper notification ("no call, no show"), and who are therefore placed on unauthorized leave without pay and are automatically ineligible to observe the holiday regardless of their pay status before or after the holiday.
Related Legal Provisions
General Construction Law, Section 24 establishes the legal holidays in New York State and their dates of observance. (Not all legal holidays are observed by New York State as an employer.)
Public Officers Law, Section 63 entitles certain veterans to a day off if required to work on the day observed as Memorial Day or November 11 (Veterans' Day).
Budget Director's Rules and Regulations, Part 144, Holiday Compensation authorizes pay for work on holidays and waiver of holiday pay.
Election Law, Section 3-110 authorizes certain employees who are required to work on Election Day time off to vote.
Military Law, Section 249 entitles certain former reservists to a day off if required to work on July 4, Independence Day.