ATTENDANCE AND LEAVE MANUAL
ADVISORY MEMORANDUM NO. 2004-05
Section 21.1
November 2004

TO: Manual Recipients
FROM: Terry Jordan, Director of Staffing Services
SUBJECT: Summary of recent changes in Holiday Leave Benefits

A number of agencies have raised questions about recently negotiated holiday
benefits as well as about the observance of Christmas and New Year's Day in 2004 and 2005. These benefits are described below.

Holiday Leave for Thanksgiving and Christmas
Eligible employees in the Administrative Services Unit (ASU), the Institutional Services Unit(ISU), the Operational Services Unit (OSU), the Rent Regulation Services Unit (RRSU), the Professional, Scientific and Technical Services Unit (PS&T), and eligible Managerial/ Confidential (M/C) employees 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 beginning with Thanksgiving Day and Christmas Day 2004. 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 hours for 7.5 hours worked or 12 hours for 8 hours worked.

When the Thanksgiving or Christmas 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.

Observance of Christmas Day and New Year's Day
Christmas Day and New Year's Day will be observed as holidays by the State as an employer on Saturday December 25, 2004 and Saturday January 1, 2005. Both holidays will be observed on their calendar dates; no alternate holiday observance dates will be designated.

Agencies should refer to Advisory Memorandum 2004-04 for a discussion of the administration of holiday benefits for these holidays.

Conversion of Floating Holidays upon Movement between 37.5 and 40 hour Workweek
Eligible employees in the ASU, ISU, OSU, RRSU, and PS&T Units, and eligible M/C employees, who have been credited with 7.5 or 8 hours of floating holiday leave, are entitled to have the floating holiday leave credit balance adjusted to reflect the new workweek when the employee's basic workweek changes from 37.5 to 40 hours, or from 40 to 37.5 hours.

For example, an employee with a 37.5 hour workweek who has a balance of 15 hours (two days) of floating holiday leave moves to a 40 hour workweek and is credited with 16 hours (two days ) of floating holiday leave. Similarly, an employee with a 40 hour workweek has a balance of 16 hours of floating holiday leave. Upon movement to a 37.5 hour workweek, the employee is credited with 15 hours of floating holiday leave.

Online Resources
Agencies are encouraged to refer to the following memos:

Please contact the Attendance and Leave Unit at (518) 457-2295 with any questions about holiday benefits.