Section 21.2 Vacation - November 15, 1999
TO: Attendance and Leave Manual Recipients
Effective November 12, 1999, a new paragraph (3) was added to subdivision (e) of section 28-1.2 of the Attendance Rules (4 NYCRR §28-1.2 (e) (3)), to provide an exception to the current limitation on the accumulation of vacation credits for Managerial/Confidential (M/C) employees designated by their appointing authority as performing work directly related to and essential for Year 2000 (Y2K) compliance efforts. This amendment provides a similar benefit to that provided for eligible CSEA and PEF employees. (See Policy Bulletin No. 99-01, dated March 25, 1999). This memorandum sets forth guidelines for application of this new provision.
The provisions apply to Managerial/Confidential employees 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 serving in that title is automatically eligible to participate. Employees serving in such titles must be designated by their appointing authority as performing work directly related to and essential for Y2K compliance to be eligible. Further, eligibility is not limited to employees serving in titles listed in Budget Bulletin G-1027; agencies have the discretion to extend eligibility to employees serving in titles not included in such list whose duties are directly related to and essential for Y2K compliance.
Eligible employees will be covered by this amendment beginning January 1, 2000.
Section 28-1.2 provides that vacation credits may be accumulated without limitation, provided they do not exceed 40 days as of the first day of the calendar year. The rule, as amended, provides a temporary exception to this limitation for designated M/C employees who exceed the current 40-day vacation maximum. Instead, the following provisions apply.
On January 1, 2000, vacation credits in excess of 40 days earned by an eligible employee that otherwise would have been forfeited will be recorded and retained in a separate leave category, "Special Vacation." Special Vacation shall have a separate maximum cap of 50 days.
An employee, who earns in excess of the 40-day regular vacation maximum after January 1, 2000, but prior to the fourteenth pay period in FY 2000-01, will become subject to these provisions at the point he/she exceeds the vacation maximum.
During the period from January 1, 2000 through the last day of the thirteenth pay period in FY 2000-01, vacation credits earned by an employee subject to these provisions will be recorded as Special Vacation, provided his/her 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. If the 40-day regular vacation maximum is again reached within the designated time period, the employee again becomes eligible to earn Special Vacation.
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 January 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 in FY 2000-01 and prior to January 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.
Also commencing 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 January 1, 2001, as described above. The 40-day limitation...
... on vacation maximums remains applicable to regular vacation. Therefore, employees must liquidate regular vacation in excess of 40 days prior to January 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 January 1, 2002, although they are no longer eligible to earn Special Vacation.
Employees continue to be subject to provisions that 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 regarding accrual, transfer and use of vacation credits apply to Special Vacation. As described above, during the period January 1, 2000 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.
Questions concerning information in this Bulletin may be directed to the Attendance and Leave Unit of this Department at (518) 457-2295. A copy of the amendment is attached.