Section 20.3 Tardiness - December 1994
TO: Personnel Officers
Legislation enacted in July 1994 (Chapter 547, Laws of 1994) amends the Civil Service Law to authorize leave for volunteer firefighters and volunteer ambulance squad members during a state of emergency declared by the Governor. The Law is cited on page 2.
Specifically, Section 82-a of the Civil Service Law authorizes paid leave for this purpose for all State level public employees. Employees are not required to have Attendance Rules coverage to be granted this leave with pay. Under this provision, employees are eligible for paid leave without charge to credits, for either full or partial days while engaged in the actual performance of firefighter or ambulance duties, including travel to and from the site. Eligible employees are entitled to this leave, subject to the approval of the appointing authority, provided that the employee's absence does not interfere with the proper conduct of governmental functions.
Such leave is not available for volunteer activities performed during states of emergency declared by local municipal or county officials.
Excused tardiness pursuant to Section 20.3 of the Attendance Rules and provisions of the CSEA, PEF and DC37 agreements remains available for late arrival of employees as a result of other appropriate volunteer firefighter or ambulance duties. Any questions on these provisions should be referred to the Department of Civil Service Employee Relations Section at (518) 457-2295.
§ 82-a. Authorized Absence.
§ 82-a. Authorized Absence. 1. During the time that a state emergency exists following a declaration of such emergency pursuant to section twenty-eight of the executive law, every public officer or employee of this state may request an authorized absence from his or her duties or service as such public officer or employee while engaged in the actual performance of his or her duties as, (a) a volunteer firefighter, or (b) an enrolled member of a volunteer ambulance service pursuant to article thirty of public health law.
2 . Requests for such authorized absence shall be approved by the appropriate supervisor to the extent that such absence would not interfere with proper conduct of governmental functions.
3 . As used in this section, the term public officer or employee shall not include officers or employees of municipalities or other political subdivisions of the state.
4 . The entire period of the authorized absence granted pursuant to this section shall be excused leave and shall not be charged against any other leave such public officer or employee is otherwise entitled to, and such authorized absence shall include travel both to and from such duties performed in his or her capacity as a volunteer.
5 . As used in this section, the term agency shall mean any department, board, bureau, commission, division, office, council, committee or office of the state, a public benefit corporation or public authority at least one of whose members is appointed by the governor.