Attendance & Leave
Attendance (Part 20)
Absence with Pay
Leaves Without Pay
Drawing of Earned Credits Upon Separation
Other Public Service Employment as State Service (Part 24)
Applicability (Part 26)
Civil Service Attendance Rules
Calendar of Legal Holidays & Religious Holy Days
Alternative Work Schedules
Attendance Rules for Managerial/Confidential Employees
Family & Medical Leave Act
Applicability (Part 26)
Section 26.3 - Rules Applicable to Employees in Negotiating Units
To define and clarify the relationship between the Attendance Rules
for State employees and provisions of negotiated union agreements
on attendance and leave matters.
Effect of Negotiated Agreements on Attendance Rules
- The provisions of the Attendance Rules are continued for all
employees subject to those Rules including employees in negotiating
units established pursuant to Article 14 of the Civil Service Law
(The Taylor Law).
- The provisions of the Attendance Rules and the attendance and
leave provisions of negotiated agreements are both applicable and
must be considered together.
- Provisions of negotiated agreements which are different from
provisions of the Attendance Rules are controlling; e.g., if the
Rules provide that sick leave may be accumulated up to a maximum
of 150 days and a negotiated agreement provides that employees in
one or more negotiating units may accumulate up to 200 days of sick
leave, the 200-day maximum will apply to such employees.
- Attendance and leave provisions in negotiated agreements may
apply only to employees subject to the Attendance Rules or may apply
to all employees covered by the agreement irrespective of whether
they are covered by the Attendance Rules. They may or may not relate
directly to matters included in the Attendance Rules and they may
or may not apply to all employees in the unit covered by the agreement.
For example, a contract item may provide that personal leave may
be used "as vacation" but may not otherwise contain any
reference to how personal leave should be credited or how unused
personal leave should be cancelled. In such case, the provisions
of the Attendance Rules which govern the crediting and cancellation
of personal leave continue to be applicable.
- In general, disputes concerning implementation of attendance
and leave items included in negotiated agreements are not subject
to resolution by appeal to or review by the Civil Service Commission
but should be resolved as contract grievances. For example: ...
- An employee covered by the Institutional Services Unit agreement
who believes he/she has been denied workers' compensation benefits
in violation of that agreement must contest such denial as a contract
grievance. He/She cannot request review by the Civil Service Commission
as provided under Section 21.8 of the Attendance Rules.
- An employee covered by the Administrative Services Unit agreement
who believes he/she has been denied sick leave at half-pay in
violation of that agreement must contest such denial as a contract
grievance. He/She cannot appeal to the Civil Service Commission
for a reversal or modification of his/her appointing authority's
determination as an action inconsistent with the intent of the
- An employee covered by the Security Services Unit agreement
who is denied the use of sick leave because of illness or death
in his/her immediate family and who wishes to dispute such denial
must do so as a contract grievance (violation of Bereavement Leave
provision of the Security Services Unit agreement). He/She cannot
appeal the denial to the Civil Service Commission as a violation
of the Attendance Rules.
- The Civil Service Commission cannot approve an appointing authority
request for suspension of the Attendance Rules to permit the accumulation
of vacation in excess of 40 days. Since exceptions to maximum
vacation accumulations are covered by provisions of the negotiated
agreements, relief from the terms thereof cannot be extended by
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