Section 20.1 - Basic Workweek
The purpose of this Rule is to establish the basic workweek for full-time, overtime eligible employees.
Applicability of Basic Workweek
Except for employees working on a part-time basis or who are ineligible to earn overtime under the rules of the Director of the Budget, the basic workweek for annual salaried employees is 40 hours.
See related contract provision C-1
The basic workweek may be reduced by the appointing authority with the approval of the Division of the Budget to not less than 37 1/2 hours and not less than five days or an approved equivalent work schedule. An employee may be required, when necessary, to work beyond the basic workweek regardless of eligibility or ineligibility to earn overtime.
See related contract provision C-4
Although no basic workweek is established either by Section 134 of the Civil Service Law or the Attendance Rules for employees ineligible to earn overtime, it is expected that the appointing authority will install appropriate controls to ensure compliance by such employees with the agency's standard workweek.
See related contract provision C-1
The normal workday is 8 hours, plus meal time, for employees working 40 hours per week, and 7 1/2 hours, plus meal time, for employees working 37 1/2 hours per week. Usually the workday consists of one period of time per day (e.g., 8:30 a.m. - 5:00 p.m.) including meal time. (See page 2 of this Section for a discussion of alternative work schedules.)
See related contract provision C-1
Each appointing authority shall establish the starting and ending time of the workday and the time allowed for meals.
See related contract provision C-5
The scheduling of meal periods should take into account the nature of the duties, the hours of the work shift and health and productivity concerns. Where a meal period is scheduled by the appointing authority, the meal period should be of at least one-half hour duration.
The appointing authority may require employees to remain on duty during meal periods if the responsibilities of the position are such that this arrangement is necessary and the total number of hours on duty does not exceed eight for employees on a 40 hour workweek or seven and one half for employees on a 37 1/2 hour workweek.
The appointing authority may require that an employee remain on the employer's premises during an unpaid meal period. So long as the employee is relieved from all job duties, active or inactive, during this meal period, he/she is not deemed to be in duty status.
Rest Periods (Coffee Breaks)
Rest periods of reasonable duration may be granted, as appropriate, at the discretion of the appointing authority. More than two such periods per day, or periods of more than 15 minutes duration each, would be considered excessive under normal working conditions. Rest periods are especially recommended for employees whose duties are of a routine or tedious nature. Rest periods are paid time and do not extend the ending time of the work shift.
Rest periods not taken are forfeited. Rest periods may not be used or accumulated to cover late arrivals, early departures, or to extend the lunch period.
Individual Schedule Adjustments
In appropriate cases, the appointing authority may adjust the arrival
and departure times and the length of the meal period of individual
employees. Personal illness, illness in the family, transportation
difficulties, or family or home obligations, for example, may warrant
such schedule adjustments. Individual schedule adjustments may be
made without reference to
Alternative Work Schedules
The Attendance Rules provide that the basic workweek for full-time, annual salaried employees shall be five days or an approved equivalent work schedule.
Executive Order No. 68, which became effective on February 15, 1978, encourages the establishment of alternative work schedules throughout State service. Budget Policy and Reporting Manual Item G-068, as revised 11/8/85, issued by the Division of the Budget, contains procedural guidelines for all agencies submitting alternative work schedule proposals pursuant to the Executive Order. Under Executive Order No. 68, the responsibilities of the Department of Civil Service include reviewing proposals, advising on implementation and reviewing agency performance in complying with the Order. It is essential that proposals submitted for review adequately address all the concerns outlined in Item G-068, in order not to delay the review process by the need to obtain additional information from the agencies.
Information from the Department of Civil Service Policy Bulletin 82-02 on issues to be considered in submission of proposals under Executive Order 68 is reproduced below.
Items to be Considered When Preparing Proposals Under Executive Order No. 68 for Alternative Work Schedules
All proposals for alternative work schedules should follow the procedure specified in Budget Policy and Reporting Manual Item G-068. The written statement in support of the proposed schedule must address all the issues listed in #5 a-h of that item. Proposals from facilities, institutions, or campuses should be submitted through their agency's central office. Particular attention should be given to the following:
Program Impact - It is important that agencies consider at the outset how the proposed schedule change will meet the goals outlined in Executive Order No. 68. The guiding principle should be improvement in the quality or quantity of State operations. Program goals should be clearly stated, along with the method by which impact is to be objectively measured after the alternative work schedule is put into effect.
Timekeeping - With increased flexibility in scheduling, the maintenance of accurate time records becomes crucial to the success of alternative work schedules. All proposals should specify the manner in which these time records are to be maintained. It is not sufficient to say that time records will be kept using "standard procedures," or "as they have been in the past." The method or procedures used must be described in detail. Standard procedures may not be adequate for the new schedules. "Flextime" schedules, in particular, present unique timekeeping problems. Proposals should indicate how supervisors will be assured that the appropriate number of hours scheduled to work are being worked.
Supervision - Some proposals increase the number of hours to be worked, e.g., a schedule of staggered hours or a compressed workweek under which an office would be open 45 hours instead of 37 1/2 hours per week. With no increase in staff, such a change sometimes results in difficulties in maintaining adequate supervision at all times. Each proposal must describe how necessary supervision will be provided.
Adequate Coverage - A frequently reported difficulty with alternative work schedules has been that of ensuring adequate coverage (especially during the late afternoon), since most employees, when given the opportunity to choose starting and ending times, opt to start as early as possible. When preparing new schedules, agencies must describe what will be done to avoid a reduction in services.
Related Legal Provisions
Executive Order No. 68 addresses the establishment of alternative work schedules throughout State service.
Section 134, Civil Service Law, establishes the basic workweek.
Division of the Budget Bulletin G-1024 dated July 27, 1986 contains guidelines on the requirements of the Federal Fair Labor Standards Act.