Applicability (Part 26)

Section 26.1 - To Whom Rules Apply

C-1 Part-Time Annual Salaried Employees

Negotiating Units:

• Administrative Services Unit Article 10.11
• Institutional Services Unit Article 10.16
• Operational Services Unit Article 10.16
• Professional, Scientific & Technical Services Unit Article 12.19
• Rent Regulation Services Unit Article 12.15
• (Seasonal employees in the three CSEA Units)

Effect:

The subject contract items do not provide any additional benefit for annual salaried employees in terms of eligibility for Attendance Rules coverage since all annual salaried employees are automatically covered by the Attendance Rules. However, the contract articles provide an additional way for part-time, annual salaried employees to become eligible to accrue leave credits.

Eligibility to Accrue Leave

Part-time annual salaried employees are eligible to accrue leave credits, pursuant to the Attendance Rules, when they work a fixed schedule five days per week. Part-time annual salaried employees now may become eligible to accrue leave credits, pursuant to these contract provisions, if they are employed to work a regular schedule of at least half-time per biweekly pay period. Thus, the subject contract provisions provide an additional means for annual salaried employees to become eligible to accrue leave credits. (Part-time annual salaried employees continue to earn vacation, sick leave and personal leave if they are employed to work five days a week on a fixed schedule.) For the purpose of determining eligibility to accrue leave under these contract provisions, a "regular schedule" or "fixed schedule" is defined as a schedule set in advance by management of at least half-time per pay period.

Whether an employee becomes eligible to accrue time by virtue of being scheduled to work five days per week pursuant to the Attendance Rules or at least half-time per pay period pursuant to contract provisions, such employees must complete the usual 13 biweekly pay periods of service required of all annual salaried employees before being credited with 6 1/2 prorated days (based on time scheduled to work each of the 13 pay periods) of vacation and/or being credited with 1/2 prorated day of vacation each pay period.

TM-1 - New or Revised Material - 1/3/87

C-2

Eligibility to Accrue Leave in the PS&T Unit by Combining Part-Time Positions

In addition to the eligibility afforded by the Attendance Rules, under the contract, at the employee's option, part-time employees must be deemed to be employed to work a qualifying schedule of at least half-time by combining part-time employment with two appointing authorities. Some examples follow:

1. Employee A works ten hours per week (on Monday and Tuesday) at one facility and is hired to work ten hours per week (on Saturday and Sunday) at another facility, bringing the employee's total State employment to 20 hours for prorated accruals.
2. Employee B is employed 50% at agency M, 30% at agency N, and 20% at agency O. Employee B is already eligible for prorated accruals at agency M. Her employment at agencies N and O taken individually is on a nonqualifying schedule. However, under the subject contract article, employee B can combine the 30% and 20% employments at agencies N and O to meet the half-time eligibility requirement for prorated accruals. She then becomes eligible for accruals at the 100% rate. (If this employee worked at agencies M and N only, she would be eligible to combine those employments and be eligible for accruals at the 80% rate.)
3. Employee C is employed 40% at agency T, 30% at agency U and 30% at agency V. Although the employee does not meet eligibility requirements at any of these agencies by itself, under the subject contract article, employee C can combine percentages of
   employment at any two of these agencies, at the employee's choice, for leave purposes. For example, by combining 40% employment at agency T and 30% employment at either agency U or V, the employee becomes eligible to earn prorated leave accruals at the 70% rate.

In the examples cited above, percentages of employment are added together to determine whether the employee is employed to work a qualifying schedule. Furthermore, biweekly accruals are earned only if the employee meets the requirement of being in pay status for seven out of ten days based on his/her combined work schedule. For any employee whose biweekly work schedule consists of fewer than ten days, the following ratios apply instead:

TM-1 - New or Revised Material - 1/3/87

C-3

# of Days in Combined Biweekly Schedule	# of Days in Full Pay Status Required
9	6
8	6
7	5
6	4
5	3
4	3
3	2
2	1 1/2

Because there is a need for coordination between the two agencies each pay or time card period, to determine an employee's eligibility to earn leave credits for that period, employees who attain eligibility for leave accruals based on this article may be subject to such special attendance reporting requirements as the State may establish. In addition, it will be necessary for each agency to provide the other with confirmation of the employee's work schedule (days and hours) and with a certified copy of the employee's time card or sheet on a timely basis. Appointing authorities are expected to advise employees in writing of any reporting requirements that will be necessary to verify attendance and eligibility to accrue leave pursuant to this provision.

Although eligibility to earn biweekly leave credits is based on combined employment, leave credits are recorded separately with each agency in proportion to the percentage of employment with that agency. Also, charges to leave credits are made separately with each agency, corresponding to the employee's work schedule there.

Under the Attendance Rules, there are no provisions for transfer of leave credits between agencies, except upon separation from one of them.

Nothing in this provision should be construed as superseding existing State policy requiring two or more appointing authorities who enter into a joint employment arrangement initiated by and for the convenience of the agencies (as opposed to initiated by and for the convenience of the employee) to combine percentages of employment for leave eligibility purposes.

Anniversary Dates

The effective date of the CSEA agreements which first contained these provisions for part-time employees was April 1, 1979. The effective date of the PS&T agreement was December 7, 1979 and the...

TM-1 - New or Revised Material - 1/3/87

C-4

...effective date of the Rent Regulation agreement was April 1, 1984. For employees who first became eligible to accrue leave credits on one of these dates, it is their personal leave anniversary date. Each individual's vacation anniversary date is determined in a manner consistent with his/her total qualifying State service. For example, an employee who had been employed for the past eight years on a half-time, half-pay basis without a break in service which exceeded one year is entitled to earn vacation on a prorated basis at the rate of 20 days per year.

Vacation Bonus Days/Additional Vacation Days

Vacation bonus days credited during the first seven years of employment and additional vacation days credited on and after 20 years of service (or 15 years in ASU) are credited on the basis of the eligible employee's percent of full-time scheduled to work during the pay period within which the anniversary date falls.

Holidays

All part-time annual salaried employees, because they are covered by the Attendance Rules, continue to be entitled to observe paid holidays to the extent they fall on days they are normally and regularly required to work or actually do work irrespective of their eligibility for vacation, sick leave or personal leave. (See Section 21.1, C-7, "Sundays and Holidays," concerning holiday benefits for part-time employees.)

TM-1 - New or Revised Material - 1/3/87

C-5 Hourly and Per Diem Employees - ASU, ISU, OSU

Negotiating Units:

• Administrative Services Unit Article 10.11
• Institutional Services Unit Article 10.16
• Operational Services Unit Article 10.16
• (Seasonal employees in the three CSEA Units)

Effect:

The subject contract items, which became effective April 1, 1979, provide an additional way for hourly and per diem employees in those units to become eligible for coverage under the Attendance Rules and to accrue leave credits. The subject contract articles also provide for the granting of anticipated eligibility to hourly or per diem employees
who are expected to be employed to work a qualifying schedule for at least 19 consecutive pay periods.

Eligibility

Hourly and per diem employees become eligible for coverage under the Attendance Rules and to accrue leave credits, pursuant to the Attendance Rules, when they work at least 3 3/4 hours a day and five days a week on a fixed schedule for nine continuous months. Effective April 1, 1979, employees who are compensated on an hourly or per diem basis may become eligible for Attendance Rules coverage and to accrue leave credits, pursuant to these negotiated agreements, if they are employed to work at least half-time each pay period on a fixed schedule for nine continuous months.

For the purpose of determining eligibility under the contract articles, a "fixed schedule" or "regular schedule" is defined as a schedule set in advance by management of at least half-time per pay period. To determine when an employee has completed the nine continuous months of qualifying service, employment prior to April 1, 1979 cannot be counted except for the employee who was working on a regularly scheduled workweek of at least 3 3/4 hours a day, five days a week, immediately prior to 4/1/79. Such employee is entitled to have this service counted as qualifying if it was continuous and without a break exceeding one pay period.

Hourly and per diem employees shall continue to acquire Attendance Rules coverage if employed to work at least 3 3/4 hours a day, five days a week, for nine continuous months even though that schedule does not constitute employment on a half-time basis. No employee may be...

TM-1 - New or Revised Material - 1/3/87

C-6

...granted leave benefits retroactively for service rendered prior to 4/1/79 if first eligible for such benefits on that date.

Anniversary Dates

For hourly and per diem employees attaining Attendance Rules coverage and eligibility to accrue leave credits pursuant to the contract provisions, the earliest vacation anniversary date shall be 4/1/79, since service prior to that date cannot be counted (see "Eligibility" above for an exception).

For hourly and per diem employees, the personal leave anniversary date is the first day of the pay period following completion of the 19 biweekly pay periods of qualifying service, regardless of whether the employee qualifies under the Attendance Rules or the contractual criteria. (See "Anticipated Eligibility" below for an exception.)

Vacation Bonus Days/Additional Vacation Days

For per diem and hourly employees who are scheduled to work part-time, vacation bonus days credited during the first seven years of employment and additional vacation days credited on and after 20 years of service (or 15 years in ASU) are credited on the basis of the eligible employee's percent of full-time scheduled to work during the pay period within which the anniversary date falls.

Holidays

Employees compensated on an hourly or per diem basis continue to become eligible to observe holidays on the day they attain Attendance Rules coverage. (See "Anticipated Eligibility" below for an exception.) Hourly and per diem employees, who work part-time and have attained Attendance Rules coverage, continue to be entitled to observe paid holidays to the extent they fall on days they are normally and regularly required to work or actually do work. (See Section 21.1, C-7, "Sundays and Holidays," concerning holiday benefits for part-time employees.)

Anticipated Eligibility

Employees in the Administrative, Institutional and Operational Services Units who are compensated on an hourly or per diem basis and who are employed to work at least 1/2 time on a fixed schedule or at least 3 3/4 hours a day, five days a week, on a fixed schedule and who are expected to be so employed for nine continuous months without a break in service exceeding one full pay period are eligible (effective...

TM-1 - New or Revised Material - 1/3/87

C-7

...4/1/79) to observe holidays and to accrue, on a prorated basis, vacation, sick leave and personal leave subject to the same limitations and restrictions as apply to employees compensated on an annual salary basis. They are entitled to observe paid holidays and earn and accumulate sick leave and be credited with five days of personal leave as of date of appointment and to earn and accumulate vacation upon completion of the 13 complete pay periods of service required of annual salaried employees. If such hourly or per diem employees are not expected to work the nine continuous months or if it is not certain that they will, in fact, be employed for that length of time, they may not be granted such "anticipated eligibility." This "anticipated eligibility" provision applies to full-time hourly and per diem employees as well as to part-time hourly and per diem employees.

In any event, every hourly or per diem employee must complete the nine months of qualifying service before acquiring Attendance Rules coverage and eligibility for such benefits as jury leave, workers' compensation leave, leave for civil service examinations, etc. Only those hourly and per diem employees who have Attendance Rules coverage (or who have been granted anticipated eligibility to accrue leave credits and observe holidays) are eligible to observe holidays which fall on days they are normally and regularly scheduled to work or actually do work.

TM-1 - New or Revised Material - 1/3/87

C-8 Hourly and Per Diem Employees - PS&T Services Unit - Rent Regulation Services Unit

Negotiating Units:

• Professional, Scientific & Technical Services Unit Article 12.19
• Rent Regulation Services Unit Article 12.15

Effect:

The subject contract items, which became effective for PS&T on 12/7/79 and for RRSU on 4/1/84, provide an additional way for hourly and per diem employees in these units to become eligible for coverage under the Attendance Rules and to accrue leave credits.

Eligibility

Hourly and per diem employees become eligible for coverage under the Attendance Rules and to accrue leave credits pursuant to the Attendance Rules when they work at least 3 3/4 hours a day and five days a week on a fixed schedule for nine continuous months. Effective December 7, 1979, PS&T employees and April 1, 1984, Rent Regulation employees compensated on an hourly or per diem basis may become eligible for Attendance Rules coverage and to accrue leave credits, pursuant to these negotiated agreements, if they are employed to work at least half-time each pay period on a fixed schedule and are so employed for nine continuous months.

For the purpose of determining eligibility under the contracts, a "fixed schedule" or "regular schedule" is defined as a schedule set in advance by management of at least half-time per pay period. To determine when an employee has completed the nine continuous months of qualifying service, employment prior to December 7, 1979 for PS&T and April 1, 1984 for Rent Regulation cannot be counted except for the employee who was working on a regularly scheduled workweek of at least 3 3/4 hours a day, five days a week immediately prior to December 1, 1979 or April 1, 1984, as appropriate. Such employee is entitled to have this service counted as qualifying if it was continuous and without a break exceeding one pay period.

Effective April 1, 1985, employees in the PS&T Unit have the ability to meet those eligibility criteria by combining part-time employments with up to two appointing authorities to become "at least half-time on a regular schedule." The full discussion of this provision on page C-2 of this Section applies to per diem and hourly employment as well as annual salaried employment.

TM-1 - New or Revised Material - 1/3/87

C-9

Hourly and per diem employees in either unit shall continue to acquire Attendance Rules coverage if they are employed to work at least 3 3/4 hours a day, five days a week, for nine continuous months with one appointing authority even though that schedule may not constitute employment on a half-time basis. No employee may be granted leave benefits retroactively for service rendered prior to December 7, 1979 or April 1, 1984 if first eligible for such benefits on that date.

Anniversary Dates

For hourly and per diem employees attaining Attendance Rules coverage and eligibility to accrue leave credits pursuant to these contract provisions, the earliest vacation anniversary date shall be December 7, 1979 for PS&T employees and April 1, 1984 for Rent Regulation employees, since service prior to those dates cannot be counted (see "Eligibility" above for an exception).

For hourly and per diem employees, the personal leave anniversary date is the first day of the pay period following completion of the 19 biweekly pay periods of qualifying service regardless of whether the employee qualifies under the Attendance Rules or the contractual criteria.

Vacation Bonus Days/Additional Vacation Days

For per diem and hourly employees who are scheduled to work part-time, vacation bonus days credited during the first seven years of employment and additional vacation days credited on and after 20 years of service are credited on the basis of the eligible employee's percent of full-time scheduled to work during the pay period within which the anniversary date falls.

Holidays

Employees compensated on an hourly or per diem basis continue to become eligible to observe holidays on the day they attain Attendance Rules coverage. Hourly and per diem employees who work part-time and have attained Attendance Rules coverage continue to be eligible to observe holidays which fall on days they are normally and regularly scheduled to work or actually do work.

TM-1 - New or Revised Material - 1/3/87

Revision History	TM-1 - 1/3/87
All pages	New or Revised Material

Top