Section 26.3 Rules Applicable to Employees in Negotiating Units - August 2004
TO: Manual Holders
Table of Contents
The following material has been prepared to assist you in implementing the new or revised attendance and leave provisions contained in the 2003-2007 agreements negotiated with CSEA. References to applicable sections of the State Attendance and Leave Manual (Manual) are included.
Questions concerning this material should be directed to the Attendance and Leave Unit of the Department of Civil Service at (518) 457-2295.
These provisions are effective as of April 27, 2004, the date of ratification of these Agreements, except as follows:
Manual Reference: Section 21.1
Eligible employees in these units who are required to work on the days observed by the State as the Thanksgiving and Christmas Day holidays are eligible to receive holiday compensation in the form of holiday pay or holiday leave at the time and one-half rate. Previously, holiday pay, but not holiday leave, was available at the time and one-half rate for holidays worked.
The maximum number of hours of holiday compensatory time (holiday leave) credited for work on the Thanksgiving or Christmas Day holidays is 11.25 for 7.5 hours worked or 12 hours for 8 hours worked.
When the Thanksgiving or Christmas Day holidays fall on an eligible employee’s pass day, and the employee does not work on that pass day holiday, the employee continues to be credited with...
...holiday leave for the pass day holiday at the straight time rate up to a maximum of 7.5 or 8 hours.
For overtime eligible employees holiday compensation (holiday pay or holiday leave) continues to be available for work during the hours that fall within or correspond to the employee’s regular work hours, up to a maximum of 7.5 or 8 hours. For such employees whose regularly scheduled workday exceeds 7.5 or 8 hours, holiday compensation (holiday pay or holiday leave) continues to be available for the first 7.5 or 8 hours of the designated holiday shift.
For overtime ineligible employees, holiday compensation (holiday pay or holiday leave) continues to be available for the first 7.5 or 8 hours worked on the holiday.
Manual Reference: Section 21.1
This provision extends the period of time during which holiday recall provisions apply for employees whose regular work shift exceeds 7.5 or 8 hours. Specifically, employees whose regular work shift is more than 7.5 or 8 hours are now covered by holiday recall provisions regardless of when the recall occurs during that regular work shift. Previously, holiday recall was only available for recalls during the first 7.5 or 8 hours of the designated holiday shift and employees who work extended days were not eligible for holiday recall if the recall occurred beyond the first 7.5 or 8 hours of the shift (the holiday portion of the shift).
Under the new provision, an employee who works a compressed workweek of four 10-hour days, for example, is now covered by holiday recall provisions if recalled during the last two hours of the shift, just as he/she is for recalls that occur during the first 8 hours of the shift.
Other holiday recall provisions continue unchanged. Holiday recall provisions continue to apply to overtime eligible employees recalled to work during their regularly scheduled hours of work on a holiday that is not a pass day. Each time an employee is recalled, he/she is entitled to a ½ day of holiday compensation (holiday pay or holiday leave) depending on the employee’s election.
Employees who work their normal extended day shift on a holiday continue to be eligible for a maximum of 7.5 or 8 hours of holiday compensation (holiday pay or holiday leave) for time worked on a holiday. Similarly if a holiday falls on a pass day, they are eligible to be credited...
...with a maximum of 7.5 or 8 hours of holiday leave. Finally when a holiday falls on a workday and they observe the holiday, they are entitled to a maximum of 7.5 or 8 hours of paid holiday observance.
Manual Reference: Section 21.2
This is a renewal of a side letter from the 1999-2003 contract. The side letter requires that the following reminder be included in this contract implementation memo.
The 30-day limit on vacation lump sum payment upon separation from service remains unchanged.
Manual Reference: Section 21.3
These provisions increase the number of days of accrued and unused sick leave credits that may be used for retirement service credit at time of retirement from 165 days to 200 days. This change applies to employees who retire on or after April 2, 2003. The Office of the State Comptroller will advise agencies how any necessary adjustments are to be made.
Employees continue to be permitted to accrue up to 200 days of sick leave credits and to use up to 200 days of such credits to pay for health insurance in retirement.
Subject to the 200-day maximum described above, the same accrued sick leave days can be applied for both purposes. Application of sick leave balances for these purposes provides benefits based on an employee’s sick leave balance at time of retirement, but does not actually liquidate those credits. Therefore, employees who return to State service within one year...
...following retirement or who are reinstated at any time by the Civil Service Commission or other process of law are entitled to have their sick leave balance restored in full despite the fact that they received retirement service credit and credit applied toward their health insurance premiums in retirement based on that sick leave balance.
Manual Reference: Section 21.5
These provisions modify certain sick leave at half-pay eligibility requirements, including the service requirement for eligibility, waiting period provisions, and provisions concerning termination of sick leave at half-pay in cases of permanent disability. The new service and waiting period provisions must be applied to absences on or after April 27, 2004, the date of ratification of these Agreements. Employees denied sick leave at half-pay under previous criteria for absences on or after April 27, 2004, including employees currently serving waiting periods, must have their eligibility reviewed again under the new criteria. Employees whose sick leave at half-pay was terminated because of a finding of permanent disability are entitled to be returned to sick leave at half-pay status for absences on or after April 27, 2004, provided they are otherwise eligible. However, employees are not entitled to be continued on sick leave at half-pay beyond the point that employment would otherwise end by operation of law, rule or regulation.
Upon exhaustion of leave credits, employees who have been formally disciplined for leave abuse within the preceding year, but who are otherwise eligible for sick leave at half-pay, must be granted sick leave at half-pay following ten consecutive working days of absence (with or...
...without charge to leave credits). However, that waiting period may be waived in appropriate cases at agency discretion.
The contract specifically defines the term “formally disciplined for leave abuse” to include only the following circumstances:
The date of the request for sick leave at half-pay means the date the requested sick leave at half-pay would commence. The preceding year is calculated back from the date the requested half-pay would commence.
A sick leave at half-pay waiting period cannot be imposed because of a pending notice of discipline that has not been resolved as described above. Notices of discipline regarding issues other than time and attendance or those dismissed by an arbitrator or umpire or withdrawn by the appointing authority cannot be used as a basis for imposing a waiting period for sick leave at half-pay. Warning letters, counseling memos, imposition of a one-day medical certification requirement or identification of an employee under an agency Sick Leave Control Program do not constitute a basis for imposing a waiting period for sick leave at half-pay.
Manual Reference: Section 21.12
This provision permits an appointing authority to allow up to three days of leave with pay without charge to leave credits per contract year to an employee in a position which requires certification or a professional license (excluding a “Class D” driver’s license) as a minimum qualification. Such leave would be available for the purpose of attending a program that is verified as a requirement for the employee to maintain such license or certification for the employee’s position with the State.
Such leave is available at the sole discretion of the appointing authority and is subject to the prior approval of the appointing authority.
Agencies continue to have the discretion to approve use of leave credits for such absences or to deem participation in such programs to be an assignment to duty, in addition to or in lieu of granting leave under these contract provisions.
The leave is not cumulative. Unused leave cannot be liquidated in cash at any time and is canceled at the end of each year of the Agreement.
This provision is not subject to the grievance procedure.
Manual Reference: Section 22.1
This provision entitles employees in these units to delay the start of child care leave where a newborn child must remain in the hospital following birth or to interrupt a period of child care leave after it has commenced for a single continuous period of hospitalization. Previously such delays or interruptions were only available at agency discretion. However, intermittent child care leave continues to be available only at agency discretion.
Specifically, where a child is required to remain in the hospital following birth, the seven-month mandatory child care leave shall, upon employee request, commence when the child is released from the hospital. If the child is required to be admitted to a hospital for treatment after child care leave has commenced, upon employee request child care leave shall be suspended during a single continuous period of such hospitalization. That period does not count toward calculation of the seven month period.
Similarly when child care leave in connection with adoption has commenced, if the child is required to be admitted to a hospital for treatment after child care leave has commenced, upon employee request child care leave shall be suspended during a single continuous period of such hospitalization. That period does not count toward calculation of the seven month period.
(The language in subsections (a) and (b) of the contract provisions differs slightly. Under State policy, child care leave for birth parents must otherwise be taken within the seven month period beginning with the date of birth. Under the State’s adoptive leave policy, child care leave for adoptive parents must begin during a designated window period (anytime between placement up to the effective date of adoption) and the entitlement otherwise runs for seven months from the date the leave begins. Because of the window period, adoptive parents have greater flexibility in terms of when the seven month period begins. If an adoptive child is required to remain in the hospital following birth, the adoptive parent could simply delay the start of the adoptive leave.)
In any case where the commencement of child care leave is postponed or where such leave is suspended in accordance with this contract article, any entitlement to mandatory child care leave under this article expires one year from the date of birth of the child for birth parents and one year from the point the leave began for adoptive parents.
This provision applies to hospitalization that occurs on or after April 27, 2004, the date of ratification. Where a continuous period of hospitalization has already commenced prior to April 27, 2004, this provision applies to days that fall on or after April 27, 2004.
Other provisions of the Attendance Rules and the guidelines for administration of those rules, dated January 28, 1982 and March 11, 1982, remain unchanged.
Manual Reference: Appendix H
Effective April 27, 2004, donations may be made by CSEA-represented employees to CSEA-represented employees in other agencies regardless of whether or not those employees are family members. Provisions governing donation of leave credits across agency lines by employees other than family members will sunset close of business April 1, 2007, unless the parties mutually agree to extend such provisions beyond that date.
Donations to and from employees in other negotiating units, except family members, continue to be limited to those employed in the same agency, unless similar provisions are in effect for those negotiating units.
Donations made across agency lines from non-family members will be treated in the same way as donations across agency lines for family members are currently treated. As is currently the case for donations between family members in different agencies, donations made across agency lines for non-family members will NOT be returned.
Donations made across agency lines must be used prior to donations made within the agency. If agency donations have been used prior to receipt of donations from eligible employees in other agencies, at the point that donations from those employees in other agencies are received, the use of in-house donations should be interrupted and donations from employees in other agencies used before resuming the use of donations from agency employees. In the event that donations are received from more than one employee in another agency, the credits should be used in the order received, that is all days donated by employee A should be used prior to the use of all days donated by employee B.
In the event that donations are received on behalf of employees who have been deemed ineligible for donations, the leave donation forms should be returned to the donor’s personnel office with a notation that the recipient is not eligible for the Leave Donation Program and the donated days returned to the donor.
Employees who began sick leave at half-pay because donations were exhausted or because no donations were available may, upon request and at agency discretion, be permitted to interrupt sick leave at half-pay to use donated leave that became available after the sick leave at half-pay commenced. A period of sick leave at half-pay that began prior to April 27, 2004 should be interrupted for donations from outside the agency made on or after April 27, 2004.
Manual Reference: Appendix E
This Appendix was modified to provide an enhanced holiday benefit to certain returning seasonal employees not subject to the Attendance Rules or who have not been granted anticipated eligibility to accrue leave credits and observe holidays.
Specifically, seasonal employees employed to work on a 37.5 or 40-hour per week basis who work at least 25 days in the current season and who were so employed in one of the two seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period are eligible to receive holiday compensation for time worked on all holidays during the current seasonal period. Such compensation is paid retroactively upon completion of five weeks of work. This benefit is first payable for work on holidays during the 10/1/04 –3/31/05 seasonal period for employees who met the prior service requirement during either the 10/1/03 to 3/31/04 or the 4/1/04 to 9/30/04 seasonal period.
As a result of this modification for purposes of holiday benefits, seasonal employees fall into one of four categories:
It should be noted that seasonal employees who have Attendance Rules coverage or anticipated eligibility are the only employees eligible for time off with pay on holidays or to be credited with holiday leave for holidays that fall on pass days off. For other seasonal employees, the seasonal holiday benefit is available only for time worked on covered holidays.
Manual Reference: Appendix D
This program provides eligible part-time annual salaried employees who are scheduled to work additional hours beyond their payroll percentage with leave adjustment credits for that additional time worked. The program was available on a pilot basis under the 1999-2003 CSEA/State Agreements; it is no longer a pilot under the 2003-2007 Agreements.
The program has been modified to provide that the vacation adjustment for employees who earn vacation at the 20-day rate will be calculated based on the 20-day rate. Previously all vacation adjustments were calculated at the 13-day rate.
The provisions regarding the special rate for calculating vacation adjustment credits for employees who earn vacation at the 20-day rate apply to additional hours worked beginning in pay period 1 of fiscal year 2004-2005. The first crediting at this rate will occur within a 60-day period following the end of pay period 13 of fiscal year 2004-2005.
An employee who earns vacation at the 20-day rate must have worked a minimum of three and one quarter (3.25) hours of additional time above the number of hours equated to his/her payroll percentage to earn an additional one quarter (1/4) hour of vacation. Eligible employees are credited with one-quarter (1/4) hour of vacation for every three and one quarter (3.25) hours of additional time worked during the thirteen pay periods under review. For this purpose, time worked includes time charged to leave credits.
When an employee’s seventh anniversary date falls during the 13 pay periods under review, the employee will be credited with vacation adjustment credits at the 13-day rate for those 13 pay periods and thereafter will be credited with vacation adjustment credits at the 20-day rate.
The Appendix includes an example of calculating the vacation adjustment at the 20-day rate. Other changes to the Appendix are strictly editorial in nature.
Unit and Item: Side Letter - ASU, OSU, ISU
The parties agreed that, upon a final court determination of a current court case concerning medical documentation requirements, they will meet to discuss any possible appropriate changes in contract language concerning the issue of satisfactory medical documentation that may result from such decision.
The current definition of the term, “satisfactory medical documentation,” as reflected in the Attendance and Leave Appendices of these Agreements, continues to apply until such time as you are advised otherwise by GOER.
Manual Reference: Section 21.8
The CSEA agreements have been changed to provide a nine-month Workers’ Compensation wage benefit, the Supplemental Wage Payment Program, which guarantees 60% of gross pay. The benefit will be effective for injuries that have an incident date on or after July 1, 2004.
Prior to the 2003-2007 agreement, CSEA-represented employees received only statutory payments directly from the State Insurance Fund. The CSEA 60% wage guarantee will be handled and processed in the same manner as the Professional Scientific and Technical Services Unit Supplemental Payment Program.
Employees may be eligible to receive a supplemental payment from the Office of the State Comptroller while absent on Workers’ Compensation if their wage replacement from the State Insurance Fund is less than 60% of their pre-disability gross wages. The pre-disability gross wages are defined as the sum of an employee’s base annual salary, location pay, geographic differential, shift differential and inconvenience pay. To qualify for a supplement, a participating employee must have a degree of disability of total (100%) or marked (75%) as determined by the State Insurance Fund and must be within the first nine cumulative months (39 weeks) of disability. Once an employee is determined to be 50% or less disabled by the State Insurance Fund (moderate or mild disability) or an employee has been absent for more than nine cumulative months (39 weeks), the employee is no longer eligible for supplemental payments except as provided under the Mandatory Alternate Duty policy in Section 11.8 (a) (6) of the Agreements. Supplemental payments will be processed in accordance with instructions issued by the Office of the State Comptroller. These payments will be made following a determination by the State Insurance Fund that the absence is compensable and after issuance of the State Insurance Fund wage replacement. Once the Office of the State Comptroller receives notice, as described in their procedures, from both the State Insurance Fund and the appointing authority that the employee is eligible for a supplement, it will be calculated and issued as indicated.
Manual Reference: Section 26.3
These Appendices describe the Productivity Enhancement Program (PEP) available to certain employees in the CSEA Units. This program allows eligible employees to exchange previously accrued annual leave (vacation) and/or personal leave in return for a credit to be applied toward their employee share NYSHIP premiums on a biweekly basis.
A detailed program description is contained in Policy Bulletin 2004-01 dated July 2004.
This is a pilot program that will sunset December 31, 2007 unless extended by mutual agreement of the parties.
Manual Reference: Section 23.1 and 23.3
The Over40 Comp Time Pilot Program is a three-year pilot program that allows certain employees the option to earn compensatory time at the time and one-half rate (Over40 Comp Time) in lieu of overtime pay for hours worked in excess of 40 in a workweek. The pilot program expires on April 1, 2007, unless both the State and CSEA agree to extend it.
In order to be eligible to enroll in the pilot program, employees must be employed in a bargaining unit represented by CSEA and be employed in an overtime eligible position allocated to salary grades 22 and below. Employees are not required to have Attendance Rules coverage to be entitled to enroll.
The memoranda dated June 7 and June 30, 2004 issued by the Governors Office of Employee Relations transmitted the Over40 Comp Time Pilot Program Description and enrollment form for distribution to interested employees. As described in that material, the enrollment period for the first year of the program is July 1, 2004 to July 15, 2004. Employees who elect to participate will now be eligible to receive Over40 Comp Time for overtime worked for the period of July 16, 2004 to March 23, 2005 (for employees on the Administration payroll) or March 30, 2005 (for employees on the Institution payroll). In the second year of the pilot program, employees who enroll will be eligible to receive Over40 Comp Time beginning March 24, 2005 (for employees on the Administration Payroll) or March 31, 2005 (for employees on the Institution payroll).
Once employees enroll, they must participate for the entire year of the pilot in which they enrolled. Employees are not permitted to withdraw during the period for which they enrolled. However, they are not required to enroll in subsequent years of the pilot.
Eligible employees will earn Over40 Comp Time at the time and one-half rate for all overtime hours worked in excess of 40 hours in a workweek until they reach the 120 hour maximum.
Over40 Comp Time earned at the time and one-half rate must be recorded in a separate column on the employee’s time records. The Over40 Comp Time must be segregated from the overtime compensatory time earned for hours worked between 37.5 and 40 in a workweek by overtime eligible employees in 37.5 hour workweek positions. Employees who reach the 120-hour maximum for Over40 Comp Time are prohibited from earning any additional Over40 Comp Time until that balance is reduced below the 120 hour maximum. Employees who reach the 120...
...hour maximum must be paid at the overtime rate for any additional overtime worked beyond 40 hours in a workweek until their balance is reduced below 120 hours.
If an employee was previously allowed to earn compensatory time at the time and a half rate for hours worked beyond 40 in a workweek under an agency labor management agreement or as an M/C employee (FLSA overtime compensatory time), and that employee is now in the CSEA unit in the same agency and eligible to participate in the Over40 Comp Time Program, the employee can enroll in the CSEA program even if his/her current balance of FLSA overtime compensatory time exceeds the 120 hour CSEA maximum. The employee keeps the existing balance of FLSA overtime compensatory time. However, since existing balances of FLSA overtime compensatory time count toward the 120-hour Over40 Comp Time maximum, the employee cannot earn any Over40 Comp Time under the CSEA program until the FLSA overtime compensatory time balance drops below the 120-hour maximum. Any overtime worked until the balance is reduced below 120 must be compensated in cash. If the balance drops below 120 hours, the employee can then earn up to the 120 hour maximum but must receive overtime pay for any further overtime worked.
If an employee in a CSEA unit who participated in the Over40 Comp Time program, moves to an M/C position in the same agency, the employee retains existing Over40 Comp Time and may be eligible to earn FLSA comp time in the new unit. The existing balance transferred from the CSEA position counts toward the 240 maximum of FLSA overtime compensatory time in the new unit. In other words if the employee had 120 hours when he/she leaves the CSEA position, the employee can earn another 120 hours in the M/C position until he/she reaches the 240 FLSA overtime compensatory time maximum.
If an employee enrolled in the Over40 Comp Time program is recalled outside his/her basic workweek and works less than a half day, the employee is entitled to 4 hours of overtime recall multiplied by time and one half, which gives the employee 6 hours of Over40 Comp Time on the time card.
When multiplying the amount of overtime worked in a workweek by time and one half to calculate Over40 Comp Time to be credited, the result may be less than an even quarter hour. For example, .25 hour of overtime worked x 1.5 = .375. In such cases, agencies should credit .25 hour and retain the .125 remainder until the amount of retained credit equals .25 hour. In this example, if the employee works .25 hour of overtime in the following workweek, the employee is entitled to be credited with .50 hour of Over40 Comp Time (.375 in the current workweek and the .125 remainder from the previous workweek).
Over40 Comp Time may be used in quarter hour units, or smaller units if a local labor/management agreement on units of use of leave credits so provides. Use of Over40 Comp Time is subject to prior approval in accordance with agency procedures.
Use of Over40 Comp Time is subject to the same rules for use as the comp time earned for hours between 37.5 and 40. For example, all leave credits must be exhausted before granting sick leave at half-pay, including Over40 Comp Time. Unlike overtime compensatory time earned by employees in 37.5-hour workweek positions for hours worked between 37.5 and 40 in a workweek, Over40 Comp Time has no expiration date. Employees retain their balance of Over40 Comp Time even if they no longer participate in the program.
Whenever movement takes place between classified service positions in the same agency or within the classified service between facilities or institutions within the same agency (for example SUNY, DOCS, Health, OMH, OMRDD), credits are transferred. This is true even if the employee’s bargaining unit changes within the same agency.
An employee receives cash compensation for Over40 Comp Time whenever the employee:
Employees who are on leave from a position subject to the Attendance Rules, including military leave, are not eligible for a lump sum payment until the leave ends.
Cash payment for Over40 Comp Time is paid at the straight time rate of pay
at time of separation, but in no event shall be less than FLSA requirements.
Accordingly, cash payment may not be less than the minimum wage. Additionally,
cash payments may not be less than the rate of basic pay at the time it was