TABLE OF CONTENTS
This Appendix gathers, in a single location, information on attendance and leave benefits for part-time employees. It contains (1) a capsule description of provisions applicable to part-time employees in bargaining units and designated M/C, (2) identification of differences in application of benefits that are affected by working part-time rather than full-time, and (3) cross-references to other sections of the Manual that discuss the benefits in more detail. This Appendix does not contain a full description of the application of each leave provision for part-time employees because so much is identical to that for full-time employees. For this reason, the Appendix must be read in conjunction with the referenced portions of the Manual for the reader to have a full understanding of the topic.
It is important to note that attendance and leave benefits are not automatically prorated for part-time employees. Some are; some are available without proration and some are not available at all under certain conditions. Therefore, the reader should not generalize from benefit to benefit.
The title of each division of this Appendix references the applicable Attendance Rules provisions and follows the organization of the main body of this Manual (with the exception of eligibility on p. 3). For example, the heading "Section 21.1 (28-1.1) Sundays and Holidays" references the Rules governing Sundays and Holidays in Section 21.1 for non-M/C employees and in Section 28-1.1 for M/C employees. Section 21.1 of this Manual also contains the interpretive material on holiday benefits. (The Manual follows the organization of the Rules for non-M/C employees.)
Under the heading is a brief description of how to apply the benefit for part-time employees. A full description of the benefit is found in the main body of the Manual.
At the end of each section references may be included. These will identify specific material that must be read to get a complete picture of the benefit as it is available to part-time employees. The location of the general discussion of the benefit is already identified by the section heading and should be reviewed each time a benefit is studied.
Part-time - To be considered part-time for attendance and leave purposes, an employee must normally or routinely be scheduled to work less than 75 or 80 hours per biweekly pay period. This definition applies...
...regardless of whether the employee is annual-salaried, hourly or per diem.
In most cases the work schedule and the payroll percentage for annual-salaried employees will be equivalent. In contrast, hourly and per diem employees are not identified with a specific payroll percentage.
Full-Pay Status - To be considered to be in full-pay status an employee must either work, charge leave accruals, or be on full paid leave (for example, workers' compensation leave with pay or jury leave) for the duration of his/her work schedule. For example, an employee scheduled to work 2 1/2 days per week is in full-pay status if he/she works one full day, charges vacation one-half day and is on jury duty for one full day.
Prorate - To compute a percentage of a full-time benefit or leave accrual based upon the percentage a part-time employee works. For example, a part-time stenographer who works half-time is entitled to 50% of the leave accruals of a full-time stenographer.
Prorated Day - A portion of a full-time day based upon the total percent a part-time employee works per pay period regardless of the particular part-time schedule worked. For example, if the regular full-time day is 7 1/2 hours, a prorated day for all half-time employees is 3 3/4 hours. This is true whether the half-time work schedule is half a day every day, 2 1/2 full days a week, five alternating full days every pay period or another half-time schedule.
Creditable Service - Employment that can be counted when determining an individual's vacation anniversary date. Generally, creditable service is that during which an employee is working a qualifying schedule and which is neither preceded by nor followed by a break in service that exceeds one year. In addition, creditable service for PS&T Unit and RRSU employees is employment that can be counted to determine the earning of sick leave and vacation bonus days, the granting of personal leave and the crediting of sick leave at half-pay eligibility. Pages C-3 and C-4 of Section 21.2 describe in detail the contract provisions which eliminate the earning of bonus vacation days during the first and second years of continuous service for PS&T Unit employees hired after April 1, 1988. Pages C-6 through C-11 of Section 21.5 describe the crediting and use of sick leave at half-pay for PS&T Unit employees who earn sick leave at the 10-day rate. Finally, creditable service is employment that can be counted to determine whether or not an M/C employee has service prior to January 1, 1986, which gives him/her the option to enroll in the Income Protection Plan or remain with the sick leave accrual system.
Qualifying Schedule - A schedule which may entitle part-time employees to earn leave credits or, in the case of per diem and hourly employees, to count the employment toward entitlement to start earning leave credits. For annual salaried employees, a qualifying schedule is a fixed number of hours five days a week or at least half-time on a biweekly basis (37 1/2 hours or...
...40 hours per pay period) on a schedule set in advance by management. For per diem and hourly employees, during the period in which they are working toward attaining Attendance Rules coverage, a qualifying schedule is at least 3 3/4 hours a day, five days a week, or at least half-time on a biweekly basis (37 1/2 hours or 40 hours per pay period) on a schedule set in advance by management. Once per diem and hourly employees have attained Attendance Rules coverage, a qualifying schedule for them is the same as a qualifying schedule for annual salaried employees.
Less than full-time employees' entitlement to Attendance Rules coverage and eligibility to earn and be credited with leave accruals is based on the percentage of full-time worked, the work schedule and the pay basis (annual salaried, per diem or hourly). Specific criteria for determining an individual's entitlements are explained in Section 26, "Applicability," of the Manual. Pages C-1 through C-9 of Section 26.1 contain a detailed description of the contract provisions which add a number of criteria through which a less than full-time employee may become eligible for leave provisions.
In summary, part-time employees meeting the following criteria are eligible for Attendance Rules coverage and are eligible to accrue leave:
Basic workweek provisions of the Attendance Rules generally do not apply to part-time employees. Usually the appointing authority establishes the basic workweek for each part-time employee individually based on program needs, including the number of hours to be worked and the work schedule per pay period. The number of hours a part-time employee is scheduled to work in a biweekly pay period can be expressed as a percent of the full-time schedule (75 or 80 hours) of the position held. The work schedule is then set by determining when those hours will be worked during the pay period. For example, a 50% employee might work ten half-days; three full days one week and two the other; or one full week on and one off.
Part-time employees are subject to the requirements of this Section, both rule and contract provisions, in the same manner and to the same extent as full-time employees.
Effective April 15, 1986, the Federal Fair Labor Standards Act (FLSA) applies to State employees and takes precedence over State law, rules and contracts concerning overtime eligibility. Being employed on a part-time basis is not a criterion for exemption from overtime pay under FLSA. Beginning on that date, therefore, annual salaried part-time employees are eligible for overtime unless their titles are exempt under FLSA criteria.
Also, both full- and part-time employees in titles which do not meet FLSA criteria for overtime exemption who are paid on an hourly or per diem basis are eligible for overtime whenever they work more than 40 hours in a workweek. Specific interpretation is provided by the Director of the Budget's overtime bulletins, rules and regulations.
Part-time employees should keep time records in the same manner as full-time employees in the same title. For example, a half-time Clerk needs to keep...
...the same detailed time records as a full-time Clerk and a two-fifths time Physician needs to keep a positive record of presence and absence in the same manner as a full-time Physician.
Part-time employees are subject to the requirements of this Section, both rule and contract provisions, in the same manner and to the same extent as full-time employees who are employed in the same title.
Part-time employees who have Attendance Rules coverage or who have been granted anticipated eligibility are eligible to observe those holidays which fall on days they are normally and regularly required to work or actually do work, up to a maximum of 7 1/2 or 8 hours. In addition, certain part-time employees either designated M/C or in the three units represented by CSEA have an additional holiday benefit if they are regularly scheduled to work on Fridays when a holiday falls on a Saturday.
The Rules and contracts establish twelve holidays each year that eligible State employees may observe. Part-time employees are eligible for only those that coincide with regularly scheduled workdays or those on which they actually work. Part-time employees are not "guaranteed" 12 holidays as full-time employees are. There is one exception to this. Employees in CSEA-represented bargaining units and those designated M/C, who are regularly scheduled to work on Fridays and meet the other eligibility criteria, may be eligible for holiday leave for holidays that fall on Saturday. See Section 21.1, p. C-6.
When a holiday coincides with a workday for a part-time employee, the employee who is observing the holiday is entitled to observe the holiday for the number of hours in the employee's normal schedule; i.e., holidays are not prorated. For example, a 50% time employee whose schedule is 3 3/4 hours a day, five days a week, observes a Monday holiday for those 3 3/4 hours. A 50% time employee whose schedule is five 7 1/2 hour days out of each ten days in a pay period would observe a holiday that coincided with a workday for 7 1/2 hours.
Eligible part-time employees who are regularly scheduled to work or do work on a day designated as a floating holiday should be credited with a floating holiday equivalent to the number of hours they are scheduled to work or actually do work on a day designated as a floating holiday. For example, the employee whose schedule is 7 1/2 hours on Monday and Tuesday and 3 3/4 hours on Wednesday will be credited with 7 1/2 hours for a floating holiday which falls on a Tuesday and 3 3/4 hours for a floating holiday which falls on a Wednesday.
The part-time employee who works on a holiday is entitled to credit for all hours worked up to a maximum of one shift, 7 1/2 or 8 hours, regardless of the employee's regular schedule on that day. For example, an employee whose regular schedule is 4 hours on Monday who is required to work on the Monday Labor Day holiday for 8 hours is credited with 8 hours worked.
Part-time employees who are paid on an hourly or per diem basis who have been granted anticipated eligibility or who have gained Attendance Rules coverage receive the same holiday benefits as part-time annual salaried employees.
Because there are a number of specific provisions concerning part-time employees' holiday observance, the references identified below should be reviewed carefully.
Eligible part-time employees are credited with 6 1/2 prorated days of paid vacation after working 13 biweekly pay periods. Thereafter, 1/2 prorated vacation day is earned each biweekly pay period up to the seventh anniversary. Vacation is accrued at the rate of 20 prorated days per year after that date. Part-time employees are required to meet the same eligibility requirements, receive the same number of prorated days of vacation and are subject to the same limitations (40 prorated days) as full-time employees. Employees' eligibility for additional vacation days (bonus days) is dependent upon length of service and negotiating unit. To be eligible to earn vacation credits during any particular pay period, a part-time employee must be in full pay status a minimum number of scheduled workdays during that pay period as follows:
Vacation bonus days during the first seven years (for those employees eligible to earn them) and additional vacation credits after 15 or 20 years are earned on a prorated basis which is determined by an employee's percentage of full-time scheduled to work during the pay period within which the anniversary date falls.
The maximum number of vacation days (40) and the maximum number of days for which an employee may receive a lump sum payment (30) are prorated based on the percentage of full-time worked. For example, a half-time employee may be eligible to accrue up to forty half-days and receive payment upon separation for thirty half-days of vacation.
When an individual moves to a part-time position from another position where he/she was eligible to accrue leave credits and is eligible to bring forward vacation credits previously earned, this employee is entitled to retain all credits previously earned. If the employee has more than his/her new prorated maximum upon moving, such employee retains all these credits and his/her eligibility to continue to accrue while exceeding the maximum depends on the provisions of his/her new bargaining unit.
Employees in ASU, ISU, OSU, Security and Security Supervisors must request use of vacation and have the request denied in order to continue to accrue above the 40-day prorated maximum until the first April 1 following the move. Employees in these five units who became part-time during the fiscal year and had more than their prorated maximum on April 1 have their vacation accruals frozen on that date and are precluded from invoking the contract provisions to accrue over maximum until their accruals drop below their prorated maximum. In addition, those who are over the full-time maximum of 40 days (300 or 320 hours) are reduced to the full-time maximum on April 1 and their accruals are frozen at that level. For example:
Employees in the PS&T and Rent Regulation Services Units continue to accrue without any special actions on the part of the employees until the first April 1 following the move. On April 1, employees in these two groups who became part-time during the previous fiscal year are entitled to retain all vacation credits up to the full-time maximum of 40 days (300 or 320 hours) but are precluded from earning additional vacation credits until their credits are down to the part-time prorated maximum. For example:
For affected employees in any of these units, these provisions apply only following a change from full-time to part-time. Employees who have always worked part-time are subject to the applicable prorated maximum on April 1 or January 1, as appropriate. For employees who move from full-time to part-time and have their accruals frozen, there is no time period within which their accruals must be reduced to the prorated maximum. However, when that does happen, the accruals are no longer frozen and all of the other rule and contract provisions concerning vacation maximums are applicable.
Eligible part-time employees accrue sick leave in prorated days each pay period from the employee's first pay period. Part-time employees are required to meet the same eligibility requirements for use of sick leave, receive the same number of prorated sick leave days (prorated maximum is...
...dependent upon bargaining unit) and are subject to the same limitations as full-time employees.
Full-time employees subject to the Attendance Rules are eligible to use up to fifteen days of accrued sick leave each calendar year for illness or death in the family. For a part-time employee, this is fifteen prorated days based upon the percentage of full-time worked. A full-time employee is limited to fifteen - 7 1/2 or 8 hour days of family sick leave per year for a total of 112.50 or 120 hours. A part-time employee is limited to a prorated number of hours. For example, a 50% employee is eligible for fifteen - half days (56.25 or 60 hours) of family sick leave each year.
To be credited with sick leave for any pay period, an eligible employee must be in full pay status for a minimum number of that employee's scheduled workdays during the pay period as follows:
Part-time employees earn sick leave at the rate of 1/2 prorated day for each qualifying pay period or at the rate of ten prorated days per year for certain employees in either PS&T or RRS Unit positions.
Eligible part-time employees may accrue a maximum of 190 (ASU), 200 (ISU, OSU, PS&T, RRSU, M/C) or 225 (SSU and Security Supervisors) prorated days of sick leave and use 165 prorated days at the time of retirement as retirement service credit and to pay health insurance premiums in retirement.
Section 21.3, p. C-3.
Eligible part-time employees are subject to this Section in the same manner and subject to the same limitations and restrictions as full-time...
...employees. For example, the maximum advance for personal illness is five prorated days.
Eligible permanent part-time employees who have at least one year of State service may be granted prorated sick leave at half-pay for personal illness after sick leave at full pay, vacation, holiday and overtime credits are exhausted. Part-time employees are required to meet the same eligibility requirements, receive the same number of pay periods of prorated sick leave at half-pay and are subject to the same limitations as full-time employees.
The accruing of pay periods of eligibility for sick leave at half-pay is not prorated. A part-time employee who is eligible to accrue leave credits earns one pay period of sick leave at half-pay entitlement for each six calendar months of qualifying State service in the same manner as a full-time employee. The rate of pay an employee earns while drawing sick leave at half-pay is prorated. The employee drawing sick leave at half-pay is paid 1/2 of his/her regular part-time salary. For example, a half-time employee on sick leave at half-pay is earning 1/2 of 1/2 pay; i.e., 25% of a full-time salary.
For a discussion of sick leave at half-pay for PS&T Unit employees who earn sick leave at the 10-day rate see Section 21.5, pp. C-6 through C-8.
Eligible part-time employees are credited annually with five prorated days of personal leave. (Certain RRS Unit employees are eligible for three prorated days of personal leave and certain PS&T Unit employees initially receive three days of personal leave which is gradually increased to five. See Section 21.6, pp. C-6, C-7 and C-8 -- C-10 for a discussion of these benefits.) Part-time employees, like full-time employees, are entitled to five or three prorated days (based on the percent of full-time worked) of personal leave in a 12-month period. Employees whose percentage of full-time worked changes from pay period to pay period must therefore have personal leave credits converted to reflect that change.
For example, a full-time 37 1/2 hour workweek employee changes to 1/2 time employment and had three days (22 1/2 hours) of personal leave on his/her last day as a full-time employee. He/She is entitled to be credited with three 1/2 days (11 1/4 hours) of personal leave upon beginning the part-time schedule. Conversely, a half-time 20 hour per week employee who has one prorated day (four hours) of personal leave is entitled to retain...