NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
ATTENDANCE AND LEAVE MANUAL
POLICY BULLETIN 2000-01
Section 26.3
September 21, 2000

TO: Manual Holders
FROM: Robert W. DuBois, Director, Employee Benefits Division
SUBJECT: Attendance and Leave Items - 1999-2003 Negotiated Agreements
Administrative Services Unit (ASU), Institutional Services Unit (ISU), and Operational Services Unit (OSU)


Introduction
The following material has been prepared to assist you in implementing the new or revised attendance and leave provisions contained in the 1999-2003 agreements negotiated with CSEA.

References to applicable sections of the State Attendance and Leave Manual (Manual) are included.


Effective Dates
These provisions are effective as of April 27, 2000, the date of ratification of these Agreements except as follows:

Benefit Date
Health Option Program January 1, 2001
VRWS Program First full biweekly payroll period in October, 2000
Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees Pay period #1 in FY 2000-2001
Revision in leave benefit for seasonal employees April 1, 2000
200 days sick leave applied toward health insurance in retirement January 1, 2000

Questions concerning this material should be directed to the Attendance and Leave Unit of the Department of Civil Service at (518) 457-2295.


Subject: Floating Holidays
Unit and Item: ASU Article 10.1 (c); ISU Article 10.2 (d); OSU Article 10.1 (c)
Manual Reference: Section 21.1, pp.C-4 - C-5

These Articles have been modified to provide that employees cannot be required to use floating holidays in units greater than one-quarter hour. This provision does not supercede any local agreements which provide for liquidation in smaller units of time. Previously, employees were required to use floating holidays in full day units. All other provisions regarding the designation, crediting, use and expiration of floating holidays remain unchanged.


Subject: Holiday Benefits for Employees Who Work Extended Days
Unit and Item: Side Letter - ASU, ISU, OSU
Manual Reference: Appendix C, Alternative Work Schedules, pp. 1-2

There has been no change in the calculation of holiday benefits for employees whose work schedules contain extended days of more than 7.5 or 8 hours (for example, four 10-hour days per week). The number of hours for which such employees may receive holiday benefits remains capped at 7.5 or 8 hours, based on the employee's basic workweek. Employees scheduled to work more than 7.5 or 8 hours on a workday holiday but who are observing the holiday, continue to be required to charge hours in excess of 7.5 or 8 to leave credits or be placed on leave without pay.

However, the parties agreed to discuss at local labor/management meetings the possibility of scheduling options in connection with time off on holidays for employees on extended day work schedules. Such possible options may include rescheduling of time worked to eliminate the need to charge credits on holidays, and the opportunity for the employee to work a regular five-day work schedule for the week in which the holiday falls. Where the union requests a meeting to discuss possible scheduling options, the parties shall meet within 30 working days of the date the request was made.


Subject: Vacation Accumulation
Unit and Item: ASU Article 10.5 (b); ISU Article 10.6; OSU Article 10.5 (b)
Manual Reference: Section 21.2, pp.C-6, C-8

These Articles have been amended to remove the requirement that employees must have a vacation request denied in order to exceed the 40-day vacation maximum during the fiscal year. The 40-day maximum remains in effect on April 1 of each year. Employees may automatically exceed the 40-day maximum during the fiscal year, but will forfeit vacation credits in excess of 40 days on April 1 of each year.

The 30-day limit on vacation lump sum payment upon separation from service remains unchanged. However, agencies are encouraged, where possible subject to operating needs, to permit employees to liquidate accumulated vacation credits in excess of 30 days prior to separation.


Subject: Sick Leave Accumulation
Unit and Item: ASU Article 10.6
Manual Reference: Section 21.3, p. C-1

This Article has been revised to increase the maximum amount of sick leave an employee in this unit can accrue from 190 days to 200 days. Part-time employees are subject to a maximum of 200 prorated days.


Subject: Use of Sick Leave Credits for Health Insurance In Retirement
Unit and Item: ASU Article 10.6; ISU Article 10.7; OSU Article 10.7
Manual Reference: Section 21.3, pp. 11, C-1

These Articles have been revised to increase the number of accrued sick leave days an employee who retires on or after January 1, 2000 can use to pay for health insurance in retirement from 165 to 200 days. The number of sick leave days that can be used for retirement service credit remains capped at 165.

Subject to the maximums 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.


Subject: Leave for Bereavement and Family Illness
Unit and Item: ASU Article 10.13; ISU Article 10.17; OSU Article 10.8
Manual Reference: Section 21.3, pp. 4-5, C-6, C-7

These Articles have been revised to provide that approval of requests for leave for both bereavement and family illness shall not be unreasonably withheld. The benefit is now consistent in all three units.

The maximum number of accrued sick leave days which can be used for these purposes remains capped at a total of 15 days per calendar year. The definition of family for these purposes continues to be any relative or any relative-in-law, regardless of place of residence, or any person with whom the employee makes his or her home.

Employees who request sick leave for reasons of family illness may be required to present evidence of the illness, family relationship and need of the ill person for the services of the employee. (In some instances employees may be eligible for leave under the Family and Medical Leave Act in connection with the serious illness of certain family members. While the amount of family sick leave available in such cases remains capped at 15 days, the FMLA provides employees with certain entitlements and imposes certain restrictions on the information employers may obtain. See Attendance and Leave Manual, Appendix I.)

Employees who request sick leave for reasons of death in the family may be required to present evidence of the death, the family relationship and the need for the total amount of leave requested.

Although prior approval is normally required, such requirement may be waived at the discretion of the appointing authority and should be waived if the employee presents a satisfactory explanation of the reasons for failing to secure such prior approval.

Appointing authority denials of employee requests are grievable as contract grievances.


Subject: Medical Verification
Unit and Item: OSU Article 10.17
Manual Reference: Section 21.3, pp. C-16 - C-19

This Article provides a benefit identical to that available to employees in the Administrative Services Unit and the Institutional Services Unit.

Specifically, this Article refers to medical examinations required of employees in accordance with Subdivision (e), Section 21.3 of the Attendance Rules. (This Article does not apply to workers' compensation injuries or to actions pursuant to Section 72 of the Civil Service Law.) This Article confirms the appointing authority's right to require an employee who has been absent due to personal illness, as a condition of returning to work, to undergo a medical examination at the appointing authority's expense by a physician selected by the appointing authority. This Article is designed to provide specific protection from loss of income when employees are denied return to duty because of employer-caused delays in the scheduling of medical examinations as a condition of return to work.

When an employee in this unit has been absent because of illness or injury, he/she may be required to provide medical documentation confirming his/her fitness for duty and to submit to a medical examination by a physician selected by the appointing authority as a condition of return to work. If an employee is required to submit to such a medical examination, the 20 workdays within which the appointing authority is expected to complete the examination should be calculated as follows:

  1. If an employee submits medical documentation stating fitness for duty and giving a return to work date which is ten workdays or fewer from the date the documentation is submitted, the appointing authority has a total of 20 workdays from receipt of the notice to complete the medical examination. This includes the ten workdays or fewer of advance notice and a sufficient number of workdays beyond the proposed return to work date to total 20 workdays. In other words, if the employee gives less than 10 days' notice, the appointing authority has 20 days from the date of notice to complete the exam or the employee is put in pay status on the 21st day.

  2. If an employee submits medical documentation stating fitness for duty and giving a return to work date which is more than ten workdays from the date the documentation is submitted, the appointing authority has from receipt of the notice to a maximum of ten workdays beyond the expected date of return to complete the examination. In other words, if the employee gives more than ten days' notice, the appointing authority has ten days beyond the specified return date to complete the exam or the employee is put in pay status on the 11th day following the return date.

If no decision is reached concerning the employee's request to return to duty within the time limits, the employee shall be placed on leave with pay without charge to credits and not allowed to return to duty. However, leave with pay is not granted where the delay in determining the employee's fitness is caused by the employee's failure to appear for the medical examination or otherwise to cooperate in its scheduling and holding.

If the physician selected by the appointing authority finds that the employee is not fit for return to duty, the employee is placed on appropriate leave charged to credits or, if necessary, on leave without pay as of the date of receipt of the physician's report. Reexaminations by the appointing authority's physician (where the employee is found unfit for duty) are not required more often than once a month and if the physician has set a date for reexamination or return to duty, not before such specified date.

This Article shall not be construed to require the extension of any employment beyond the time it would otherwise terminate or would be terminated; for example, under Section 73 of the Civil Service Law.

Employees required to submit to a medical examination conducted by a physician selected by the appointing authority are entitled to be reimbursed for actual and necessary travel, meal and lodging costs incurred as a result of travel in connection with such examination. Such reimbursement is to be made in accordance with the Comptroller's Rules and Regulations.


Subject: Hold on Shift, Pass Day and Work Location Assignment
Unit and Item: ASU Article 10.18; ISU Article 10.21
Manual Reference: None

This Article provides that an employee's shift, pass day and work location assignment, as applicable, shall be held for three months if the employee is absent on authorized leave due to an extended illness, including sick leave at half-pay, or an on-the-job injury or is on authorized leave for maternity purposes.

This hold does not apply where rebidding occurs while the employee is on leave. It also does not apply where the employee's shift, pass day or work location assignment would otherwise have terminated, for example, because of a change in seasonal shift, the closing of a building or facility, etc.

A comparable provision is contained in OSU Article 50.4. Questions on this Article should be referred to your GOER liason.


Subject: Health Option Program (HOP)
Unit and Item: ASU Article 10.20, Appendix XII; ISU Article10.23, Appendix XI; OSU Article 10.19, Appendix XI
Manual Reference: Section 21.3, pp. 2-3

Under the new Health Option Program, eligible employees in these units may elect to accrue sick leave at a reduced biweekly rate in exchange for a reduction in biweekly health insurance premiums.

Employees elect to participate in November preceding the calendar year in which they choose to participate. Participating employees earn sick leave at a reduced biweekly rate which results in three (3) fewer days of sick leave earned over the calendar year in exchange for a reduction in biweekly health insurance premiums of up to $300. The program will be in effect for calendar year 2001 and may be extended by mutual agreement of the parties.

Detailed HOP guidelines will be issued under separate cover.


Subject: Sick Leave at Half-Pay - Waiting Period
Unit and Item: ASU Appendix V; ISU Appendix IV; OSU Appendix IV
Manual Reference: Section 21.5, pp.C-1 - C-5

Language has been added to the Sick Leave at Half-Pay section of these Appendices to clarify appropriate administration of contractual provisions on waiting periods in connection with the granting of mandatory sick leave at half-pay under the negotiated agreements.

Article 10.8 of the ASU Agreement, Article 10.15 of the ISU Agreement, and Article 10.9 of the OSU Agreement provide for mandatory sick leave at half-pay. During waiting periods for mandatory sick leave at half-pay employees are eligible for sick leave at half-pay under the Attendance Rules. Agencies must make a determination regarding granting or denying such leave under the Attendance Rules during that waiting period. Although sick leave at half-pay under the Attendance Rules is discretionary, arbitrary denials are not consistent with the intent of the Rules.

Employees who do not otherwise meet the eligibility criteria for mandatory sick leave at half-pay under the negotiated agreements may meet the less restrictive eligibility criteria for sick leave at half-pay under the Attendance Rules. Accordingly, agencies must review any request for sick leave at half-pay under eligibility provisions of the Attendance Rules as well as those of the negotiated agreements. See Section 21.5, pages 1-2 and C-1-C-3 for a discussion of eligibility requirements under the Attendance Rules and under the negotiated agreements.

Although sick leave at half-pay under the Attendance Rules is discretionary with the appointing authority, that discretion must be exercised in a prudent and equitable fashion consistent with the intent of the Attendance Rules. This means that sick leave at half-pay should not be denied arbitrarily and that any denials which occur are defensible if challenged. It would not, for example, be consistent with the Attendance Rules to withhold sick leave at half-pay from an otherwise eligible employee because of less than satisfactory work performance. Performance issues should be addressed through the performance evaluation process and/or the disciplinary process. On the other hand, where an employee requesting sick leave at half-pay has been formally identified and disciplined as a leave abuser within the past year, the agency would probably be on firm ground in denying the request because the employee would not be requesting sick leave at half-pay if leave credits had been properly utilized.


Subject: Voluntary Reduction in Work Schedule Program (VRWS)
Unit and Item: ASU Article 10.19, Appendix XIII; ISU Article 10.22, Appendix XII; OSU Article 10.18, Appendix XII
Manual Reference: Section 26.1

The Voluntary Reduction in Work Schedule Program will be made available to employees in the three CSEA Units effective the first full pay period beginning in October, 2000. Employees may enter into VRWS agreements in full pay period units, but VRWS agreements may not extend beyond the last day of the last payroll period in the fiscal year.

The VRWS program for CSEA employees is the same as that available to PS&T and M/C employees.

The VRWS Program has been modified through the negotiation process as follows:

Employees are required to be employed to work on a full-time annual salaried basis for a minimum of one biweekly payroll period immediately prior to the time of entry into the VRWS Program. Time on paid or unpaid leave from a full-time annual salaried position satisfies this requirement;

AND

Employees must remain in a full-time annual salaried position during the term of the VR agreement;

AND

Employees must have one continuous year of State service on a qualifying schedule (any schedule which entitled the employee to earn leave credits, not necessarily a full-time schedule).

Consistent with the way in which creditable service is counted under the Attendance Rules, separations of less than one year and periods of leave without pay of any duration are not counted toward the one-year service requirement but do not constitute a break in service. Employees who separate from State service (through resignation, termination, layoff, etc.) for more than one year cannot count service preceding that break in service toward the one-year requirement (unless the employee is reinstated by the Civil Service Commission or Department or appointed while on a preferred list). Payroll periods of VRWS participation, sick leave at half-pay, or workers' compensation leave and time on the Leave Donation Program will count toward the one-year service requirement.

The Program has also been modified to provide that an employee absent on sick leave at half-pay for 28 consecutive calendar days, on leave donation for 28 consecutive calendar days or who is absent because of a work-related injury or illness for 28 consecutive calendar days will have his/her VRWS agreement suspended (previously, such agreements were cancelled, not suspended). For accidents occurring on or after July 1, 1992, CSEA employees covered under the Statutory Benefit Program will continue on VRWS until the first day they are placed on workers' compensation disability leave, at which time they will have their VRWS agreement suspended. Suspension of a VR agreement does not extend the agreement beyond its scheduled termination date. An employee who returns to work prior to the point at which his/her VRWS agreement would otherwise have lapsed resumes participation in his/her VRWS agreement and continues until the scheduled termination date of the agreement, unless both parties agree to terminate the agreement.

All other program provisions remain unchanged.

Revised Voluntary Reduction in Work Schedule Program Guidelines will be issued shortly. Until the revised guidelines are issued, please refer to the 1995 VRWS Program Guidelines dated October 11, 1995 issued by GOER and Attendance and Leave Manual Advisory Memorandum No. 93-02 dated June 23, 1993 for information about the program.


Subject: Less Than Full-Time Employees
Unit and Item: ASU Article 10.11; ISU Article10.16; OSU Article 10.15
Manual Reference: Section 26.1, and Appendix D, Part-Time Employment

Changes were made in contract language (1) to more accurately describe the current benefit available to part-time employees and (2) to include reference to the new Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees.

(1) Current Benefit

Specifically, Subsection (a) which deals with anticipated eligibility, is now Subsection (c) and Subsection (b) which deals with eligibility of certain employees to observe holidays which fall on Saturday is now Subsection (d).

A new Subsection (a) has been added to confirm the existing benefit available since 1979 to part-time annual salaried employees who are eligible to earn prorated vacation and sick leave and be granted prorated personal leave if they are employed to work at least half-time, not necessarily five days per week. (Under the Attendance Rules, part-time annual salaried employees continue to be eligible for prorated leave benefits if they are employed to work five days per week, not necessarily half-time.) Such leave benefits for these part-time annual salaried employees are prorated based on their payroll percentage. (See Manual Section 26.1, pp. C-1 - C-4.)

This new Subsection (a) further provides that part-time annual salaried employees who are scheduled to work additional hours beyond their payroll percentage shall be eligible to earn and accumulate additional vacation and sick leave and be granted additional personal leave in accordance with the terms of the side letter on the Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees. That Pilot Program is described below.

A new Subsection (b) has been added to confirm the existing benefit available under the negotiated agreements since 1979 to hourly and per diem employees who acquire Attendance Rules coverage pursuant to the negotiated agreements if they are employed to work on a fixed schedule of at least half-time (not necessarily five days per week) for 19 consecutive biweekly pay periods without a break that exceeds one pay period. (This is an alternative to meeting the eligibility requirement under the Rules of being employed to work at least 3 �� hours per day 5 days per week for 19 consecutive biweekly pay periods without a break that exceeds one pay period.) A fixed schedule for this purpose is a schedule set in advance by management, but which can vary from day to day. Leave benefits for hourly and per diem employees with Attendance Rules coverage are prorated based on the percentage of time the employee is employed to work in a biweekly pay period. (See Manual Section 26.1, pp. C-5 - C-7, and Appendix D, pp. 2-4.)

Finally, a reference has been added to each Subsection to clarify that these provisions apply to employees designated as seasonal provided they otherwise meet the criteria contained therein.

(2) Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees

The following describes the benefit available to eligible part-time annual salaried employees scheduled to work additional hours beyond their payroll percentage. Agencies must set up a procedure to review time records to provide the negotiated benefit described below.

Term of Pilot

The pilot will begin with payroll period #1 in fiscal year 2000-2001 and will sunset immediately following pay period 26 of fiscal year 2002-2003, unless the parties agree in writing to extend the pilot.

Eligibility

The provisions of this program apply to eligible part-time annual salaried employees scheduled to work hours in excess of their payroll percentage.

In order to participate in this Pilot Program, part-time annual salaried employees must be employed to work a schedule equated to their payroll percentage which entitles them to earn leave credits under the Attendance Rules (either five days per week or at least half-time per biweekly pay period), not including the additional time worked above their payroll percentage.

Employed to work a schedule that entitles the employee to earn leave credits under the Attendance Rules means that the schedule is available to the employee; the employee need not actually work that schedule each pay period in order to be eligible. The employee may be on paid or unpaid leave from a qualifying schedule.

The additional time worked cannot be counted to qualify an otherwise ineligible employee to earn leave credits under the Attendance Rules. Leave credits can be granted for additional time worked only as described in this Pilot Program to part-time annual salaried employees already eligible to earn leave credits under the Attendance Rules for their work schedule equated to their payroll percentage.

For example, an employee with a payroll percentage of 40% and corresponding work schedule of four days per pay period cannot participate in the Pilot Program even though the employee works additional time for a fifth day each pay period because the employee's work schedule based on his/her payroll percentage is not a qualifying schedule. On the other hand, an employee with a payroll percentage of 50% earns leave credits under the Attendance Rules based on the work schedule corresponding to his/her payroll percentage and is eligible to be granted vacation, sick leave and personal leave adjustment credits for additional time worked beyond his/her 50% schedule under this Pilot Program.

Participating employees are not eligible to be credited under this Pilot Program for additional hours worked in excess of the normal 37.5 or 40 hour workweek.

Vacation and Sick Leave

(a) Agencies must review the additional time worked by eligible part-time annual salaried employees twice a year, for payrolls 1-13 and for payrolls 14-26. Additional vacation and sick leave will be credited within 60 days after the end of payroll period 13 and within 60 days after the end of payroll period 26.

The first crediting of additional vacation and sick leave will be within a 60-day recording period following pay period 13 of fiscal year 2000-2001.

(b) Agencies must credit eligible employees with vacation and sick leave adjustment credits proportional to the additional hours worked during the 13 pay periods under review. An employee must have worked a minimum of five (5) 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 and sick leave. Eligible employees are credited with one-quarter (1/4) hour of vacation and one-quarter (1/4) hour of sick leave for every five (5) hours of additional time worked during the thirteen pay periods under review. For this purpose, time worked includes time charged to leave credits (see (c) below).

For example, during payroll periods 1-13 of 2000, a half-time ISU employee works a total of 80 hours beyond her normal half-time schedule. This employee would be credited with an additional four (4) hours of vacation and four (4) hours of sick leave within 60 days after payroll period 13. (80 hours of additional time worked divided by 5 hours = 16 five-hour segments multiplied by .25 hour credited for each 5 hours of additional time worked = four (4) hours of additional vacation and four (4) hours of additional sick leave.) During payroll periods 14-26, this employee works 155 hours above her payroll percentage and earns 7.75 hours of additional vacation and 7.75 hours of additional sick leave. (155 hours divided by 5 hours = 31 five-hour segments multiplied by .25 hour credited for each 5 hours of additional time worked = 7.75 hours of additional vacation and 7.75 hours of additional sick leave credit.)

(c) Employees must charge accruals on the basis of the total number of hours the employee is scheduled to work on a given day, beginning with the first day following the payroll period in which the employee is first credited with additional vacation and sick leave under this Pilot Program. Until the first time the employee is credited with additional vacation and sick leave, the employee who takes a day off charges credits only to cover the normal schedule corresponding to the payroll percent and not to cover any additional scheduled hours. The employee simply does not receive pay for those additional hours. Beginning with the pay period after being credited for the first time with additional vacation and sick leave, the employee is required to charge credits for all scheduled hours on a given day, including any additional scheduled hours, and therefore receives pay for those additional hours. For example, a 50 percent employee on the administrative payroll cycle who works 20 hours per week, four hours per day, also frequently works additional time. On November 1, 2000, the employee takes a day of sick leave, charges 4 hours to cover his normal schedule, and receives 4 hours pay for the day even though he was scheduled to work additional time on that day. On November 8, 2000, the last day of a pay period, the employee is credited with additional vacation and sick leave under this Pilot Program for pay periods 1 through 13. On November 9, 2000, the employee takes a day of vacation. His work schedule on that day is 8 hours, including 4 hours of additional time. He is required to charge 8 hours to cover his full schedule, and receives 8 hours pay for the day.

(d) Vacation and sick leave adjustment credits must be added to the employee's regular vacation and sick leave balances. Employees continue to be subject to a prorated sick leave maximum, and to a prorated vacation maximum on April 1 of each year, based on their payroll percentage. Employees who separate from State service receive a lump sum payment for unused vacation of up to 30 prorated days based on their payroll percentage. Separating employees should be credited as of the date of separation with any additional leave to which they are entitled under this Pilot Program so that such leave can be included in the vacation lump sum payment and, for retirees, in the calculation of retirement service credit and the sick leave credit for health insurance in retirement, subject to applicable maximums based on the employee's payroll percentage.

Personal Leave

(a) Agencies must review the additional time worked by eligible part-time annual salaried employees once a year. Employees who work additional time will be credited with personal leave adjustment credit once a year on the personal leave adjustment date. The personal leave adjustment date will not change if the employee is not in pay status on that date. The first personal leave adjustment date shall be May 30, 2001 for the period April 1, 2000 through March 31, 2001.

(b) Agencies must credit eligible employees with personal leave adjustment credits proportional to the number of additional hours worked during the 26 pay periods under review. An employee must have worked a minimum of 13 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 personal leave. Eligible employees are credited with one-quarter (1/4) hour of personal leave for every 13 hours of additional time worked during the 26 pay periods under review. For this purpose, time worked includes time charged to leave credits.

For example, during the period April 1, 2000 through March 31, 2001, an ISU employee works a total of 235 hours beyond her payroll percentage and earns 4.50 hours of personal leave adjustment time. (235 hours of additional time worked divided by 13 hours = 18.08 13-hour segments multiplied by .25 hour credited for each 13 hours of additional time worked = 4.52 hours. Rounding to the nearest quarter hour, the employee receives 4.50 hours of personal leave adjustment credit.)

(c) Employees must charge accruals on the basis of the total number of hours the employee is scheduled to work on a given day beginning with the first day following the pay period in which the employee is first credited with additional vacation and sick leave credits under this Pilot Program (see Vacation and Sick Leave (c) above).

(d) Personal leave adjustment credits accrued as a result of additional time worked will be kept in a separate leave category called "Personal Leave Adjustment".

(e) An employee will have 12 months from the personal leave adjustment date to use personal leave adjustment credits. Unused leave will lapse at close of business on the day prior to the personal leave adjustment date.

(f) If the payroll percentage of an eligible employee changes (i.e., 50% to 75%, 50% to 100%, etc.) the employee's unused regular personal leave balance will be converted to days based on the new percentage. Personal leave adjustment time will not be carried forward.

Additional Issues

With respect to this Pilot Program, the State has attempted to address all issues which could arise regarding vacation, sick and personal leave adjustment for part-time annual salaried employees. If additional issues should arise during the period of this Pilot, the State agrees to meet and confer with CSEA regarding such issues in executive labor/management.

Agencies or facilities may develop procedures in local labor/management regarding access during the 60-day recording period, in cases of special need for leave, to vacation, sick leave and personal leave adjustment credits earned but not yet recorded.


Subject: Seasonal Employees
Unit and Item: ASU Appendix IV; ISU Appendix III; OSU Appendix III
Manual Reference: Appendix E, Seasonal Employment

Language has been added to the Less than Full-Time Employees Section contained in Article 10 to confirm that seasonal employees are subject to the provisions of that Section provided they otherwise meet the eligibility criteria contained therein, and the Seasonal Employee Appendices have been modified with regard to eligibility to earn seasonal leave credits.

Seasonal Employees Covered By the Attendance Rules or Granted Anticipated Eligibility

Seasonal employees employed on an hourly or per diem basis continue to attain coverage under the Attendance Rules if they are continuously employed on a qualifying schedule of at least half-time per biweekly pay period for 19 consecutive biweekly payroll periods without a break in service that exceeds one full biweekly payroll period.

Seasonal employees who are employed at least half-time and who are expected by the appointing authority to be so employed continuously for nine months (19 consecutive biweekly pay periods), without a break in service exceeding one full payroll period, are eligible to observe holidays and to earn and accumulate vacation and sick leave and be granted personal leave as are any other hourly or per diem employees granted anticipated eligibility. However, employees granted anticipated eligibility must actually complete the 19 consecutive biweekly payroll periods before attaining Attendance Rules coverage. The determination as to whether an employee is expected to be employed continuously for nine months on a qualifying schedule rests with the appointing authority. (See Attendance and Leave Manual, Section 26.1, p. C-6, and Appendix D, p.4 for a discussion of anticipated eligibility.)

Seasonal employees who have Attendance Rules coverage or who have been granted anticipated eligibility, observe holidays and receive holiday compensation for holidays worked just as any other employee with Rules coverage or who has been granted anticipated eligibility. Part-time seasonal employees who have Attendance Rules coverage or who have been granted anticipated eligibility observe holidays and receive holiday compensation for holidays worked as any other similarly situated part-time employees, including eligibility for the special Saturday holiday observance provisions described on page C-6 of Section 21.1 of the State Attendance and Leave Manual. However, seasonal employees who work on a holiday do not have the option of waiving holiday pay for those holidays they work.

Seasonal Employees Not Covered by the Attendance Rules and Not Granted Anticipated Eligibility

Seasonal employees who do not have Attendance Rules coverage and who are not granted anticipated eligibility are eligible to be credited with three (3) days of leave on April 1 of each fiscal year if they meet the following conditions in that fiscal year:

were employed for at least 19 cumulative payroll periods on at least a half-time basis in each of those 19 payroll periods in the previous fiscal year;

AND

are anticipated to continue at that employment level in the current fiscal year.

These employees are no longer required to have worked a qualifying schedule for three continuous fiscal years and to have completed two months of qualifying service in the present fiscal year in order to be credited with seasonal leave credits.

The first date on which eligible employees may be credited with seasonal leave credits pursuant to the new eligibility criteria is April 1, 2000.

Other provisions remain unchanged. This leave is to be used subject to prior approval for absence for personal reasons and for unscheduled absences due to illness. These leave accruals shall be non-cumulative from fiscal year to fiscal year. Such accruals do not have a cash-out or retirement value. Service in more than one State agency shall be credited toward meeting the 19 cumulative payroll period requirement.

The holiday benefit for seasonal employees who do not have Attendance Rules coverage or who have not been granted anticipated eligibility remains unchanged. Such employees who are regularly employed on a 37.5 or 40 hour per week basis and who work at least 25 days during the season will be entitled to additional compensation at their hourly rate, up to a maximum of eight hours for time worked on each of the first three (3) days during their employment in any seasonal period (4/1 to 9/30 and 10/1 to 3/31) which are observed as holidays by the State. Such compensation is payable upon completion of five weeks of work.


Subject: Leave Donation Program
Unit and Item: ASU Appendix XI; ISU Appendix X; OSU Appendix X
Manual Reference: Appendix H, Leave Donation

The Leave Donation Program has been modified to permit eligible family members in the CSEA Units who are not employed in the same agency to exchange leave donations. Donations to and from family members in other negotiating units are limited to those employed in the same agency unless similar provisions are in effect for those negotiating units. Effective dates for donations across agency lines vary by eligible bargaining unit. Donations between employees who are not eligible family members continue to be restricted to employees of the same agency.

Family for this purpose is the Attendance Rules definition: any relative or any relative-in-law regardless of place of residence, or any person with whom the employee makes his or her home.

Donations made across agency lines must be used prior to donations made within the agency. Credits donated across agency lines which are not used by the recipient will not be returned to the donor.

Revised Leave Donation Program Guidelines will be issued shortly. The program guidelines are not grievable.

Leave donations continue to be available only for personal illness. However, in cases of catastrophic family illness, employees who provide a written explanation of the catastrophic situation and submit satisfactory medical documentation supporting personal disability associated with the family member's illness and who have exhausted all leave credits including sick leave may receive leave donations if otherwise eligible. (This policy applies to an employee's use of his/her sick leave credits and use of other credits as sick leave, as well as to eligibility for leave donations.)

All other Leave Donation Program provisions remain unchanged.

During 2001, the State will review and evaluate experience with cross-agency donations between family members. Agencies are therefore requested to retain data on donations made to or received from eligible family members employed in other agencies during the term of this Agreement. A form to collect this data will be forwarded to your agency in the near future.


Subject: Time Off for Professional Conferences, Seminars or Training
Unit and Item: ISU - Side letter
Manual Reference: Section 21.12

Pursuant to a side letter, Licensed Practical Nurses, upon request, may be allowed time off from work without charge to leave credits to attend conferences or seminars or training directly related to their profession or professional duties. Such time off is subject to prior approval and shall not interfere with the proper conduct of government functions. This policy neither limits nor guarantees the amount of time that may be approved for such purposes.