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Attendance & Leave
Manual
- 21.1 Sundays & Holidays
- 21.2 Vacation
- 21.3 Sick Leave
- 21.4 Extended Sick Leave
- 21.5 Sick Leave at Half-Pay
- 21.6 Personal Leave
- 21.7 Leave for Extraordinary Weather Conditions
- 21.8 Workers' Compensation Leave
- 21.9 Leave for Subpoenaed Appearance and Jury Attendance
- 21.10 Leave for Civil Service Examinations
- 21.11 Leave for Quarantine
- 21.12 Leaves Required by Law or Negotiated Agreement
- 21.13 Leave for Civil Defense Duties
Drawing of Earned Credits Upon Separation
(Part 23)
- 23.1 Payment for Accruals Upon Separation
- 23.2 Payment for Accruals Upon Entry into Armed Forces
- 23.3 Payment for Overtime Accruals Upon Appointment, Promotion or Transfer
Crediting Other Public Service Employment as State Service (Part 24)
A. Civil Service Attendance Rules
B. Calendar of Legal Holidays & Religious Holy Days
Appendix F - Attendance Rules for Managerial/Confidential Employees
(Part 1of 2, P-1 through P-9)
(Go to Part 2, P-10 thru P-19)
The page numbers have changed for much of the material in the Manual with this January 1991 update. Therefore the page numbers for subject matter in other sections of the Manual referenced in the Appendix may be incorrect.
Until this Appendix is reissued incorporating the revised page numbers, care should be taken to refer back by Section number and subject matter, but not by specific page numbers.
TABLE OF CONTENTS
- Policy Bulletin 11-08, Impact of Deficit Reduction Plan on Attendance and Leave Benefits
Title |
Page |
Issued |
| Introduction | 1 |
1/3/87 |
| Organization | 2 |
1/3/87 |
P-1
INTRODUCTION
The purpose of this Appendix is to identify attendance and leave provisions applicable to Managerial/Confidential employees.
The M/C Attendance Rules were adopted in March 1981 to provide authorization for leave benefits for M/C employees. They constitute Parts 27 - 33 of Title IV of the Official Compilation of Codes, Rules and Regulations. (Parts 20 - 26 are the Rules for Nonmanagerial/Confidential Employees. Both sets of Rules are reprinted in Appendix A.) The M/C Rules were written to parallel the Non-M/C Rules and also to incorporate the complete benefit available to M/C employees. (The Non-M/C Rules do not contain the complete benefit for negotiating unit employees since these Rules are modified by the contracts.)
P-2
ORGANIZATION
This Appendix compares and contrasts the M/C Rule provisions with the Non-M/C Rule and related contract provisions. It lists the sections of the M/C Attendance Rules followed by the corresponding section of the Attendance Rules for Nonmanagerial/Confidential employees. The Non-M/C Rule section number is also the section number of this Manual which contains the applicable interpretive material. For example, under "Section 28-1.2 Vacation," in this Appendix, the corresponding Rule Section is 21.2. This means that Rule Section 21.2 is the Non-M/C Rule on vacation and Section 21.2 of this Manual contains a discussion of the vacation benefit. Following the "Corresponding Rule Section" subheading are two other subheadings: "Rule Interpretation Pages" and "Contract Interpretation Pages," which reflect the organization of each Manual section. Because the benefits for M/C and Non-M/C employees are so similar, this Appendix indicates which discussions in the main body of the Manual apply to M/C employees; this Appendix only details differences between the benefits. For example, under "Section 28-1.2 Vacation," this Appendix indicates that the Rule interpretation pages in Section 21.2 of the Manual "apply"; i.e., describe the benefit for M/Cs, and there is a list of contract interpretation pages which "apply" to M/Cs as modified by the discussion in this Appendix. Contract interpretation pages that are not listed do not apply to M/C employees.
The description of the attendance and leave provisions of the Income Protection Plan (IPP) begins on page 10 of this Appendix. Since this program applies only to M/C employees, there is no discussion elsewhere in the Manual.
The description of attendance and leave benefits for part-time employees
in Appendix D and for those on compressed workweeks in Appendix C
applies to M/C employees with the exceptions noted in those appendices.
M/C employees are subject to the provisions of the reciprocal agreements
found in Appendix G. Appendix C, Seasonal Employment, does not apply
to M/C employees.
P-3
SECTION 27.1 BASIC WORKWEEK
Corresponding Rule Section - 20.1
Rule interpretation pages - apply
Contract interpretation pages - not applicable
SECTION 27.2 RECORD OF ATTENDANCE
Corresponding Rule Section - 20.2
Rule interpretation pages - apply
Contract interpretation pages - not applicable
SECTION 27.3 TARDINESS
Corresponding Rule Section - 20.3
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Excused Tardiness (p. C-1)
General discussion on excused tardiness applies to M/C employees whose tardiness is caused by direct emergency duties as duly authorized volunteer ambulance squad members, volunteer fire fighters, enrolled civil defense volunteers and enrolled civil air patrol volunteers.
SECTION 28-1.1 SUNDAYS AND HOLIDAYS
Corresponding Rule Section - 21.1
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Holiday Observance (pp. C-1 to C-3)
M/C seasonal employees without Attendance Rules coverage do not observe holidays.
Martin Luther King Jr. Day (p. C-4)
Designation of Floating Holidays (pp. C-5 and C-6)
Observance of Saturday Holidays - Part-Time Employees (p. C-7) Anticipated Eligibility to Observe Holidays (p. C-8)
Holiday Pay - General Provisions (pp. C-9 and C-10)M/C employees are subject to Section 144 of the Budget Director's Rules and Regulations which stipulate that M/C employees, grade 23 and above, are ineligible for holiday pay and receive holiday leave for the first 7 1/2 or 8 hours worked on the holiday.
Holiday Pay - Special Holidays (pp. C-11 and C-12)
Holiday Pay - Holiday Call-In (p. C-14)
Holiday Accruals (pp. C-15 and C-16)The M/C benefit is identical to that available to PS&T employees.
P-4
SECTION 28-1.2 VACATION
Corresponding Rule Section - 21.2
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Additional Vacation Credit (pp. C-1 and C-2)
M/C employees who are eligible to earn and accumulate vacation shall be credited with additional vacation upon completion of 20 years of continuous service and upon completion of each additional year as follows:
Completed Years of
Continuous ServiceAdditional Days of
Vacation CreditsMinimum Units of Liquidation (p. C-3)
Maximum Accumulation (pp. C-4 through C-7)See description of vacation maximum applicable to PS&T and RRS Units.
SECTION 28-1.3 SICK LEAVE
This Rule applies to M/C employees appointed before 1/1/86 and M/C employees with prior creditable service who return or who become M/C on or after 1/1/86 who either elect not to participate in the IPP or who are not eligible to participate.
Corresponding Rule Section - 21.3
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:
Maximum Accumulation (pp. C-1 and C-2)
The maximum accumulation of sick leave for M/C employees is 200 days.
Minimum Units of Liquidation (p. C-5)
Leave for Bereavement or Family Illness (pp. C-6 and C-7)
The general discussion applies to M/C employees.
Medical Certificates (pp. C-12 through C-14)
The general discussion applies to M/C employees.
P-5
SECTION 28-1.4 EXTENDED SICK LEAVE
This Rule applies to M/C employees appointed before 1/1/86 and M/C employees with prior creditable service who return or who become M/C on or after 1/1/86 who either elect not to participate in the IPP or who are not eligible to participate.
Corresponding Rule Section - 21.4
Rule interpretation pages - apply
Contract interpretation pages - none
SECTION 28-1.5 SICK LEAVE AT HALF-PAY
This Rule applies to M/C employees appointed before 1/1/86 and M/C employees with prior creditable service who return or who become M/C on or after 1/1/86 who either elect not to participate in the IPP or who are not eligible to participate and M/C employees appointed on or after 1/1/86 with no prior creditable service who are ineligible for the IPP.
Corresponding Rule Section - 21.5
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Only discussion of Probationary Employees (C-2), Employee Requests for Sick Leave at Half-Pay (C-4) and Sick Leave at Half-Pay for Less Than Full-Day Absences (C-4) apply to M/C employees.
NOTE: A discussion of sick leave and extended sick leave for IPP participants (Rules 28-2.1 and 28-2.2) begins on page 10.
SECTION 28-1.6 PERSONAL LEAVE
Corresponding Rule Section - 21.6
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Use of Personal Leave (pp. C-1 through C-4)
General discussion applies.
Minimum Units of Liquidation (p. C-5)
P-6
SECTION 28-1.7 LEAVE FOR EXTRAORDINARY WEATHER CONDITIONS AND EXTRAORDINARY CIRCUMSTANCES
Corresponding Rule Section - 21.7
Rule interpretation pages - apply
Contract interpretation pages - applyM/C employees, like PS&T employees, directed not to report to work by the Governor during a declared state of emergency do not charge absences to leave credits (see PS&T discussion, Section 25.1, pp. C-1 and C-2).
Discussion of directed early departures is found in
Section 25.1 beginning on p. C-1.
SECTION 28-1.8 WORKERS' COMPENSATION LEAVE
Corresponding Rule Section - 21.8
Rule interpretation pages - apply
Contract interpretation pages - apply with the following modifications:Workers' Compensation Leave Program
Calculation of the six month workers' compensation leave with pay is 131 workdays rather than the 182.5 calendar days available to bargaining unit employees (see p. C-14).
Workers' Compensation Supplemental Benefit Program
- The program for M/C employees applies to injuries and diseases which result from incidents occurring on or after September 1, 1986. (For employees represented by CSEA, PEF and DC-37, the effective date is April 1, 1986. See p. C-21.)
- There is no period stipulated in rule during which an M/C employee must report an occupational injury or disease to the employer to avoid having the supplemental portion of the pay benefits withheld. (The affected union represented employees must report within seven days.)
Agency accident reporting procedures and agency call-in procedures requiring that employees report unscheduled absences on the first day of such absence place sufficient...
...responsibility on M/C employees for reporting accidents and resultant absences in a timely fashion.
- M/C employees absent due to an occupational injury or disease, who exhaust their leave credits pending receipt of the award and supplement, must complete and submit a request for advanced leave to continue in full paid leave status rather than on leave with half-pay or leave without pay. (The affected union represented employees must request not to be given advanced leave. See p. C-23.)
SECTION 28-1.9 LEAVE FOR SUBPOENAED APPEARANCE AND JURY ATTENDANCE
Corresponding Rule Section - 21.9
Rule interpretation pages - apply
Contract interpretation pages - not applicable
SECTION 28-1.10 LEAVE FOR CIVIL SERVICE EXAMINATIONS
Corresponding Rule Section - 21.10
Rule interpretation pages - apply
Contract interpretation pages - apply with the following modifications:If an M/C employee's work shift ends less than eight hours prior to the starting time of a Civil Service examination, such employee may be allowed leave with pay without charge to leave credits for part or all of such shift at the discretion of the appointing authority. If the employee can be spared, such time off must be with pay without charge to credits.
SECTION 28-1.11 LEAVE FOR QUARANTINE
Corresponding Rule Section - 21.11
Rule interpretation pages - apply
Contract interpretation pages - none
SECTION 28-1.12 LEAVES REQUIRED BY LAW
Corresponding Rule Section - 21.12
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Leave for Professional Meetings (p. C-1) (See Section 28-1.14 below.) Leave for Professional Examinations (p. C-2) (See Section 28-1.15 below.) Leave for Social Activities (p. C-4)
P-8
SECTION 28-1.13 LEAVE FOR CIVIL DEFENSE DUTIES
Corresponding Rule Section - 21.13
Rule interpretation pages - apply
Contract interpretation pages - none
SECTION 28-1.14 LEAVE FOR PROFESSIONAL MEETINGS
Corresponding Rule Section - none
Rule interpretation pages - none
Contract interpretation pages - apply as follows:Section 21.12, p. C-1. Discussion of leave for professional meetings applies except that there are no limits on the number of days of leave for professional meetings that the appointing authority may grant to M/C employees on a discretionary basis nor is there any limit on the number of employees who can be approved to attend a professional meeting.
SECTION 28-1.15 LEAVE FOR PROFESSIONAL EXAMINATIONS
Corresponding Rule Section - none
Rule interpretation pages - none
Contract interpretation pages - apply as follows:Section 21.12, p. C-2. Discussion of leave for professional examinations.
NOTE: A discussion of sick leave for IPP participants (Rules 28-2.1 and 28-2.2) begins on page 10.
SECTION 29.1 LEAVE OF ABSENCE; DURATION
Corresponding Rule Section - 22.1
Rule interpretation pages - apply
Contract interpretation pages - apply as follows:Leave for Pregnancy, Childbirth, Child Care and Adoption (pp. C-1 through C-7).
SECTION 29.2 SUCCESSIVE LEAVES OF ABSENCE
Corresponding Rule Section - 22.1
Rule interpretation pages - apply
Contract interpretation pages - none
P-9
SECTION 30.1 PAYMENT FOR ACCRUALS UPON SEPARATION
Corresponding Rule Section - 23.1
Rule interpretation pages - applyEmployees who retire, die or are terminated under Section 71 or 73 of the Civil Service Law while on STD or LTD are entitled to receive a lump sum payment for accrued and unused vacation up to a maximum of 30 days and accrued and unused overtime compensatory time up to 30 days. Such employees who participated in the VRWS program are also entitled to a lump sum payment for all accrued and unused VR credits.
Contract interpretation pages - not applicable
SECTION 30.2 PAYMENT FOR ACCRUALS UPON ENTRY INTO ARMED FORCES
Corresponding Rule Section - 23.2
Rule interpretation pages - apply
Contract interpretation pages - none
SECTION 30.3 PAYMENT FOR OVERTIME ACCRUALS UPON APPOINTMENT, PROMOTION OR TRANSFER
Corresponding Rule Section - 23.3
Rule interpretation pages - apply
Contract interpretation pages - none
SECTION 31.1 WRITTEN AGREEMENT REQUIRED FOR TRANSFER OF LEAVE CREDITS
Corresponding Rule Section - 24.1
Rule interpretation pages - apply
Contract interpretation pages - apply
SECTION 32.1 SUSPENSION OF RULES
(Continue to Part 2)Corresponding Rule Section - 25.1
Rule interpretation pages - apply
Contract interpretation pages - applyM/C employees, like PS&T employees, directed not to report for work by the Governor during a declared state of emergency do not charge absences to leave credits. (See PS&T discussion pp. C-1 and C-2.)