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Attendance & Leave
Manual

Instructions

Introduction

Attendance (Part 20)

Absence with Pay
(Part 21)

Leaves Without Pay (Part 22)

Drawing of Earned Credits Upon Separation
(Part 23)

Crediting Other Public Service Employment as State Service (Part 24)

Suspension of Rules
(Part 25)

Applicability (Part 26)


Appendices

A. Civil Service Attendance Rules

B. Calendar of Legal Holidays & Religious Holy Days

C. Alternative Work Schedules

D. Part-Time Employment

E. Seasonal Employment

F. Attendance Rules for Managerial/Confidential Employees

G. Reciprocal Agreements

H. Leave Donation

I. Family & Medical Leave Act

Disclaimer

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Attendance and Leave Manual

Appendix G - Reciprocal Agreement on Transfer of Leave and Service Credits

PARTIES: New York State Department of Civil Service
and
Temporary State Commission of Investigation

PURPOSE: To facilitate the movement of employees to and from positions subject to the Attendance Rules for Employees in New York State Departments and Institutions and the Leave Policies for the Employees of the Temporary State Commission of Investigation.

TERMS: It is hereby agreed that leave and service credits shall be transferred and accepted as provided below:

A. Sick Leave, Personal Leave and Holiday Leave

Upon movement of an employee between a position subject to the Leave Policies for Employees of the Temporary State Commission of Investigation and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, sick leave, personal leave, and holiday leave accruals shall be transferred in the same manner and subject to the same restrictions and limitations as would apply if such movement were between two positions subject to the Attendance Rules for Employees in New York State Departments and Institutions.

B. Vacation

Upon movement of an employee between a position subject to the Leave Policies for Employees of the Temporary State Commission of Investigation and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Commission or the State department or agency to which the employee moves shall credit such employee with all accumulated and unused vacation accruals as of the effective date of separation from the releasing agency; provided, however, that vacation accruals in excess of 20 days shall not be credited and provided also that the employee shall be compensated in cash for days in excess of 20 days in accordance with appropriate provisions of applicable rules covering the position from which the employee moves. No vacation or annual leave shall be so credited where the employee is appointed or otherwise employed more than one year following separation from the Commission or State department or agency.

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C. Vacation Accrual Rate and Vacation and Personal Leave Anniversary Dates

For purposes of determining the rate at which vacation is earned and accumulated and for purposes of determining additional or bonus vacation to be credited on the vacation anniversary date for an employee who moves from the Temporary State Commission of Investigation to a position subject to the Attendance Rules for Employees in New York State Departments and Institutions or from a position in the classified service of the Executive Branch of State service to a position in the Commission, service with the Commission shall be credited as State service and service in the classified or unclassified service of the Executive, Legislative or Judicial branch shall be credited as service with the Commission.

The employee shall retain or be assigned vacation and personal leave anniversary dates in the same manner and subject to the same limitations as would apply if such movement were between two positions subject to the Attendance Rules for Employees in New York State Departments and Institutions.

D. Crediting of Service

For purposes of applying the various provisions of the Leave Policies for Employees of the Temporary State Commission of Investigation or the Attendance Rules for Employees in New York State Departments and Institutions to employees who move to and from positions subject to those rules, previous service with the Commission shall be credited as State service and previous service in the classified or unclassified service of the Executive, Legislative or Judicial branch shall be credited as service with the Commission.

EFFECTIVE DATE AND TERMINATION
OF AGREEMENT: This Agreement shall be effective at the beginning of business on the day after it has been signed by both the Deputy Commissioner and Chief Counsel of the Temporary State Commission of Investigation and the President of the New York State Civil Service Commission. It may be terminated by either party upon giving at least thirty (30) days' notice of such intent. Each party shall...

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... furnish the other with an official copy of its rules and regulations governing matters of attendance and leave by no later than the effective date of this agreement and, thereafter, shall also furnish copies of all amendments and revisions made therein.

5/7/07
----------
Date
/s/ Nancy G. Groenwegen
-------------------------------
President
New York State Civil Service Commission
4/12/07
----------
Date
/s/ Anthony Cartusciello
-------------------------------
Deputy Commissioner and Chief Counsel
Temporary State Commission of Investigation

TM 32 - New or Revised Material - June 2009

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