Advisory Memorandum No. 2006-04

Section 25.1 Suspension of the Rules - December 2006

TO: All State Agencies
FROM: Terry Jordan, Director Staffing Services Division
SUBJECT: Suspension of Attendance Rules for the October 2006 Snowstorm in Western New York

At its December 2006 meeting, the State Civil Service Commission approved the request for suspension of the Attendance Rules for State employees with work locations in Erie, Genesee, Niagara and Orleans counties, who were absent due to the storm on October 13, 2006.

This suspension applies only to full-day absences that were directly related to the storm. It does not apply to employees who were out on approved absences which were not storm-related such as sick leave or scheduled vacation.

Section 82-a of the Civil Service Law provides for leave with pay without charge to leave credits for absences of volunteer firefighters and volunteer ambulance squad members during a State of Emergency declared by the Governor. Eligible employees are entitled to this leave, subject to the approval of the appointing authority. Please refer to General Information Bulletin No. 94-02 in the Attendance and Leave Manual, Section 20.3, for additional information on Section 82-a.

Section 82-b of the Civil Service Law provides up to 20 workdays of paid leave without charge to leave credits per calendar year for employees who are certified by the American Red Cross as disaster volunteers to participate in specialized disaster relief operations. Requests for the services of such volunteers are made in writing by the Red Cross to the appointing authority and are subject to the approval of the appointing authority. Please refer to Policy Bulletin 2001-04 in Section 20.3 of the Attendance and Leave Manual for additional information on Section 82-b.

Although the suspension order itself only applies to employees subject to the Attendance Rules, the Governor's Office of Employee Relations has requested that we notify agencies that Executive branch employees who are not subject to the Commission's Attendance Rules are to be treated in the same manner as those covered by the Rules.

Agency requests to suspend the Attendance Rules for days other than October 13, 2006 and for counties other than the four for which Governor Pataki declared a State Disaster Emergency, will be considered at an upcoming meeting of the Civil Service Commission.

Any questions concerning suspension of the Attendance Rules should be referred to the Attendance and Leave Unit at (518) 457-2295.

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