TABLE OF CONTENTS
Executive Order 68 encourages the establishment of alternative work schedules where consistent with agency needs. The Attendance Rules for State employees provide that the basic workweek will be 40 hours and that the basic workweek may be reduced (by the agency with the approval of the Division of the Budget) to 37 1/2 hours and five days or an approved equivalent work schedule. (See Section 20.1 of this manual for further information.)
Although the Rules contain no other reference to full-time employees who work fewer than five days each week (e.g., four 10-hour days or three 12 1/2-hour days), the Rules have been interpreted and applied to provide equitable treatment of employees who do not work a standard or traditional five-day workweek. The following indicates those provisions of the Rules requiring interpretation and summarizes how they are applied to ensure that persons employed to work full-time receive the same leave benefits (no more and no less) irrespective of the number of days in the workweek. For purposes of illustration, full-time employment is considered here to be a 40-hour workweek. The same principles apply to the 37 1/2-hour workweek.
For a full-time employee, a pass day is any non-workday; i.e., a regular day off. In the case of a four-day, 40-hour workweek, the employee has three pass days.
All employees who work full-time (40-hour workweeks) are entitled to observe twelve 8-hour holidays each year--96 hours of holiday time off with pay, compensatory time off or holiday pay.
The employee who works four 10-hour days receives eight hours of holiday compensatory time when a holiday falls on one of his/her pass days and eight hours of holiday time off with pay when absent on a holiday. When he/she works on a holiday, the employee receives eight hours of compensatory time off or holiday pay. If he/she is absent for ten hours on a holiday, he/she charges eight hours to the holiday and two hours to any appropriate leave credits; e.g., holiday compensatory time credited for holidays which fall on one of his/her pass days, vacation or personal leave. If he/she works ten hours on a holiday, he/she is credited with eight hours of holiday pay or compensatory time off in addition to his/her normal pay for the ten hours.
NOTE: For the purpose of determining an employee's specific entitlement, each employee's holiday is the first eight work hours of the shift for a 40-hour workweek.
A floating holiday also is defined as eight hours for a full-time employee. Individuals working a full-time compressed schedule who are eligible for floating holidays receive eight hours as appropriate.
Additional compensation for time worked on a holiday is provided under the "Holiday Compensation" Rules of the Director of the Budget and pursuant to negotiated union agreements.
A full-time employee working ten hours a day, four days a week, is entitled to holiday pay for time worked on a holiday but calculation of this holiday pay is based on the first eight hours or the actual hours worked during the first eight hours of the shift, whichever is less. For ten hours worked on a holiday, he/she would receive holiday pay for eight hours plus his/her regular pay for the ten-hour workday. The full-time employee cannot receive holiday pay for more than 96 hours of holidays annually, irrespective of his/her weekly work schedule.
NOTE: Beginning with the 1985-88 agreements, the CSEA and PEF agreements provide for holiday pay for employees who work on Thanksgiving and Christmas to be paid at "the rate of 3/20 of the employee's biweekly rate of compensation." Other holiday pay is at "the rate of 1/10 of the employee's biweekly rate of compensation." Employees who receive holiday leave in lieu of holiday pay for work on these holidays receive holiday leave on an hour for hour basis, not a time and one half basis.
An employee who works a normal 40-hour workweek consisting of five 8-hour days receives from 13 (104 hours) to 25 (200 hours) days of vacation annually depending on his/her length of service and bargaining unit. An employee who works four 10-hour days weekly, or other full-time alternative work schedule, also receives from 13 (104 hours) to 25 (200 hours) days of vacation annually. Like all full-time employees, he/she is credited with vacation at the rate of four hours or six hours of vacation biweekly, receives additional vacation for 15 or more years of service at the rate of eight hours for each day earned, can accumulate up to 320 hours of vacation (see Section 21.2, "Vacation," p. C-6, on exceptions to the 40-day maximum) and can be paid a lump sum upon separation up to a maximum of 240 hours.
A full-time employee working a 40-hour workweek is credited with 1/2 day of sick leave each pay period at the rate of four hours for each 1/2 day for an annual allowance of 13 days or 104 hours. (See Section 21.3, "Sick Leave," p. C-3, on employees who earn ten days per year sick leave and Appendix F, "Attendance Rules for Managerial/Confidential Employees," for IPP participants who are granted eight days per year.)
Full-time, 40-hour workweek employees are eligible to use up to 15 days (120 hours) of accumulated sick leave per calendar year for illness or death in the family as provided in the Attendance Rules.
A full-time employee with a five-day workweek must be in full-pay status for seven of ten workdays in a biweekly pay period to earn vacation or sick leave credits for that pay period. A full-time employee who works a lesser number of days in a biweekly pay period must be in full-pay status for a lesser number of days as indicated below.
Full-time, 40-hour workweek employees may be granted up to five days (40 hours) of extended sick leave under the Attendance Rules (five days at the rate of eight hours per day) irrespective of whether they work a two-, three-, four- or five-day workweek. (IPP enrollees are not eligible for extended sick leave; IPP ineligible employees hired on or after January 1, 1986 may be granted a maximum of four days of extended sick leave. See Appendix F, "Attendance Rules for Managerial/Confidential Employees.")
A full-time employee working a 40-hour workweek is credited with five days or 40 hours of personal leave annually whether he/she has a two-, three-, four- or five-day workweek. (See Section 21.6, p. C-6 and C-8, on employees who receive less than five days per year.)
A full-time employee is eligible for up to five days of leave for civil defense drills--five days at the rate of eight hours per day or a total of 40 hours.
An employee who has Attendance Rules coverage is eligible for up to six calendar months of workers' compensation leave with full pay without charge to credits or nine months of salary supplement depending upon bargaining unit and date of accident/incident. (See Section 21.8 and Appendix F for a complete discussion of the various employer provided benefits for workers' compensation injuries.) In addition, all such employees are eligible for a cumulative total of up to one calendar year (365 days) of workers' compensation leave for a single illness or injury. Calculation of both the six months and the cumulative year is based on calendar days; that is, each full day of absence counts as one day of entitlement and each partial day counts as a fraction of a day toward the cumulative totals. The number of hours in an employee's schedule on any one day is relevant only when calculating a partial day absence. For example, a five-hour absence for a person who works a ten-hour day counts as 1/2 day of entitlement. (See Section 21.8 for a more complete discussion of calculating these cumulative totals.)
Any employee subject to the Attendance Rules for State employees is entitled to leave with pay without charge to leave credits for absences necessitated by jury service or subpoenaed court appearances. However, this leave is allowed only to the extent the employee is required to be in attendance at court on days and during hours he/she is normally and regularly required to work. Accordingly, an employee who has a three-day workweek may be granted jury leave for absences only on those three days and may be required to report for duty during his/her normal and regular working hours when his/her court attendance is not required. If required to appear in court on a non-working day, the employee makes the appearance on his/her "own time," and he/she is not entitled to any work schedule change to avoid having to make these appearances on his/her "own time." See Section 21.9 of the Manual for further discussion of this leave provision.
Employees' eligibility for military leave with full pay for 30 calendar days or 22 workdays, whichever is greater, each calendar year, pursuant to Section 242 of the Military Law is not changed by an alternative work schedule. An eligible employee is entitled to this leave whenever there is a conflict between his/her work schedule and the period of ordered military duty including necessary travel time. The number of calendar days of entitlement is counted in the same manner; i.e., beginning with the first day of conflict, military leave is counted on a day-for-day basis through the last day of the employee's ordered military duty plus necessary travel time. The number of workdays of entitlement likewise is counted in the same manner; i.e., each scheduled workday that an employee has a conflict requiring him/her to be absent while performing military duty is counted as one workday of entitlement. When an employee has a one-day conflict, it counts as one calendar day or one workday of military leave regardless of the number of work hours in the employee's schedule on that day.