ATTENDANCE AND LEAVE MANUAL
ADVISORY MEMORANDUM NO. 2009-01
TO: Manual Holders
FROM: Blaine Ryan-Lynch, Director of Staffing Services
SUBJECT: Independence Day - July 4, 2009
A number of agencies have inquired about Independence Day, which falls on Saturday, July 4, 2009. We have been advised by the Governor’s Office of Employee Relations that another day will not be designated to be observed as a holiday by State employees in lieu of July 4, 2009.
Full-time employees who are entitled to observe holidays, and for whom Saturday, July 4, is a regular day off, should be credited with compensatory time off in lieu of the holiday either as holiday compensatory time (for all units except for Security Services, Security Supervisors and Agency Law Enforcement Services Units) or as an additional day of vacation (for Security Services, Security Supervisors and Agency Law Enforcement Services Units).
Part-time employees who are eligible to observe holidays are entitled to observe only those holidays that fall on days when they are regularly scheduled to work or actually do work. However, eligible part-time employees in the Professional, Scientific & Technical Services, Rent Regulation Services, Administrative Services, Institutional Services, and Operational Services Units, and those designated Managerial/Confidential, who are regularly scheduled to work at least half-time, and who do not work on Saturday, July 4, but who are regularly scheduled to work on Friday, July 3, will be credited with holiday leave equivalent to the number of hours in the employee’s regular Friday schedule not to exceed 7 ½ or 8 hours.
Employees required to work on Saturday, July 4, 2009, should be paid holiday pay or granted holiday compensatory time off (holiday leave), as appropriate, except that Managerial/Confidential employees at salary grade 23 and above are not eligible for holiday pay and must be granted holiday compensatory time off.
Employees required to work on a holiday which coincides with a pass day may also be entitled to overtime pay in accordance with the Budget Director’s Rules.
When an eligible former reservist, who has elected holiday pay for holidays worked, is required to work on July 4, Independence Day, such employee is entitled to holiday pay pursuant to the negotiated agreement and also to holiday leave pursuant to Section 249 of the Military Law. If, on the other hand, such employee waived holiday pay, one day of holiday leave satisfies both the contractual entitlement and the legal entitlement.
Questions concerning the observance of Independence Day should be referred to the Attendance and Leave Unit of this Department at (518) 457-2295.
Summary of Benefits Under Military Law, Section 249(13KB)