Section 21.2 Vacation - March 25, 1999
TO: Attendance and Leave Manual Recipients
In accordance with the Memoranda of Agreement reached between the Governor's Office of Employee Relations and CSEA and PEF Regarding Annual Leave for Employees Impacted by Y2K Compliance, employees in the CSEA and PS&T units who are employed in positions directly related to and essential for Y2K compliance have been granted temporary relief from certain contractual limits on vacation maximums. This memorandum sets forth guidelines for application of these new provisions.
The provisions apply to individuals in the CSEA and PS&T units who are performing work directly related to and essential for Y2K compliance. Such employees generally will be working in positions contained in Budget Bulletin G-1027, Attachment A, dated April 7, 1998. However, inclusion of a title in that list does not mean that an employee in that title is automatically eligible to participate. Employees in such titles must be designated by their appointing authority as performing work related to and essential for Y2K compliance to be eligible. Further, eligibility is not limited to employees in titles listed in Budget Bulletin G-1027; agencies have the discretion to extend eligibility to employees in titles not included in such list whose duties are directly related to and essential for Y2K compliance.
Employees in the CSEA units continue to be subject to contractual provisions (ASU, OSU Article 10.5, ISU Article 10.6) requiring denial of a vacation request while at or approaching the vacation maximum in order to exceed the 40-day vacation maximum each time they reach that maximum. Refer to Attendance and Leave Manual Section 21.2, pp. C-6 and 7 for detailed guidelines on those contractual provisions.
Eligible employees in the PS&T and CSEA units will be covered
by these agreements beginning April 1, 1999.
When designated employees exceed the 40-day vacation maximum, the requirement that credits in excess of the 40-day vacation maximum must be exhausted prior to April 1 is temporarily waived. Instead, the following provisions apply.
On April 1, 1999, vacation credits in excess of 40 days earned by an eligible employee that otherwise would have been forfeited under the contractual provisions, will be recorded and retained in a separate leave category, "Special Vacation." Special Vacation shall have a separate maximum cap of 50 days.
Employees who first exceed the 40-day regular vacation maximum after April 1, 1999 but prior to the fourteenth pay period in FY 2000-01, will become subject to these provisions at the point they exceed the vacation maximum.
During the period of April 1, 1999 through the last day of the thirteenth pay period in FY 2000-01, vacation credits earned by employees subject to these provisions will be recorded as Special Vacation, provided their regular vacation balance does not drop below 40 days.
During this period, all vacation absences must first be charged against Special Vacation until those credits are exhausted. When Special Vacation credits are exhausted, absences will be charged against regular vacation.
An employee who exhausts Special Vacation credits and drops below the 40-day regular vacation maximum resumes earning regular vacation. Once the 40-day regular vacation maximum is reached, the employee again becomes eligible to earn Special Vacation during this period.
After the last day of the thirteenth pay period in FY 2000-01, employees will no longer be eligible to earn Special Vacation. However, Special Vacation credits may be carried until April 1, 2002, at which time any such unused credits will be canceled. There is one exception to the restriction that Special Vacation cannot be earned after the thirteenth pay period in FY 2000-01. Employees whose vacation anniversary date falls on or after the first day of the fourteenth pay period of FY 2000-01 and prior to April 1, 2001, shall have vacation bonus days or additional vacation credit earned on their anniversary date added to Special Vacation rather than to regular vacation, subject to the 50-day maximum on Special Vacation, regardless of their regular vacation balance.
Commencing with the fourteenth pay period in 2000-01, employees are no longer required to liquidate Special Vacation before charging absences to regular vacation. Employees may charge a vacation absence to Special Vacation and/or regular vacation, at their option.
Beginning with the fourteenth pay period in FY 2000-01, vacation earned will again be retained as regular vacation, except for vacation bonus days or additional vacation credit earned on vacation anniversary dates that fall after the beginning of the fourteenth pay period in FY 2000-01 but prior to April 1, 2001, as described above. The contractual provisions on vacation maximums remain applicable to regular vacation.
Employees must liquidate regular vacation in excess of 40 days prior to April 1, 2001 or it will be forfeited.
During the period these special provisions are in effect, employees who no longer meet the eligibility requirements for coverage under these provisions (for example, because of a transfer, promotion or new appointment to a position not deemed essential for Y2K compliance, or because of a change in assignment in their current position) may retain previously accrued Special Vacation until April 1, 2002, although they are no longer eligible to earn Special Vacation.
Employees continue to be subject to contractual provisions, which limit the vacation lump sum payment upon separation to a maximum of 30 days. This is a combined maximum of regular vacation and Special Vacation. For example, an employee who has a regular vacation balance of 30 days will not be paid for any Special Vacation at time of separation, while an employee whose regular vacation balance at time of separation is 20 days may be also be paid for up to 10 days of Special Vacation. In no event may employees receive payment for more than 30 days of vacation at time of separation.
Except as described above, provisions of the Attendance Rules and negotiated agreements regarding accrual, transfer and use of vacation credits apply to Special Vacation. As described above, during the period April 1, 1999 through the thirteenth pay period in FY 2000-01, employees subject to these provisions are required to use available Special Vacation first for absences chargeable to vacation credits.
The Civil Service Commission will amend the Attendance Rules for Managerial/Confidential Employees to provide a similar benefit for eligible M/C employees, effective January 1, 2000. Guidelines for eligible M/C employees will be issued after the Civil Service Commission amends the Rules.
Questions concerning information in this Bulletin may be directed to the Attendance and Leave Unit of this Department at (518) 457-2295.