ATTENDANCE AND LEAVE MANUAL
POLICY BULLETIN 2004-04
Section 26.3
November 2004

TO: Manual Holders
FROM: Terry Jordan, Director of Staffing Services
SUBJECT: Attendance and Leave Items in the 2003-2007 Negotiated Agreement Between the State of New York and the Public Employees Federation (PEF) for Employees in the Professional, Scientific and Technical Services (PS&T) Unit

Introduction
Effective Dates
Holiday Leave for Thanksgiving and Christmas
Conversion of Floating Holidays Upon Movement Between 37.5 and 40 Hour Workweeks
Sick Leave Accumulation for Retirement Service Credit
Sick Leave at Half-Pay
Maternity and Child Rearing Leave
Leave Donation Program
Holidays for Seasonal Employees
Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees
Productivity Enhancement Program


Introduction

The following material has been prepared to assist you in implementing the new or revised attendance and leave provisions contained in the 2003-2007 Agreement between the State of New York and PEF for employees in the PS&T Unit (Agreement). References to applicable sections of the State Attendance and Leave Manual (Manual) are included.

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

Effective Dates

The new or revised provisions are effective beginning September 14, 2004, the date of ratification of the Agreement, except as follows:

Benefit Date
Sick Leave Accumulation – 200 Days Used for Retirement Service Credit April 2, 2003
Holidays for Seasonal Employees September 2002
Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees Payroll Period 14 of
Fiscal Year 2004-2005
Productivity Enhancement Program January 2005

Subject: Holiday Leave for Thanksgiving and Christmas
Unit and Item: 7.15 (c)
Manual Reference: Section 21.1

Eligible employees in this unit 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. Previously, holiday pay, but not holiday leave, was available at the time and one-half rate for work on these holidays. This is the same benefit extended to employees represented by CSEA pursuant to the 2003-2007 State/CSEA Agreements.

The maximum number of hours of holiday compensatory time (holiday leave) credited for work on the Thanksgiving or Christmas Day holiday is 11.25 hours for 7.5 hours worked or 12 hours for 8 hours worked.

When the Thanksgiving or Christmas Day 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.


Subject: Conversion of Floating Holidays Upon Movement
Between 37.5 and 40 Hour Workweeks
Unit and Item: 12.1 (d)
Manual Reference: 21.1

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.


Subject: Sick Leave Accumulation for Retirement Service Credit
Unit and Item 12.8 (b)
Manual Reference: Section 21.3

This provision increases the number of days of accrued and unused sick leave credits that may be used for retirement service credit at time of retirement from 165 days to 200 days. This change applies to employees who retire on or after April 2, 2003. The Office of the State Comptroller will advise agencies how any necessary adjustments are to be made. This is the same benefit extended to employees represented by CSEA pursuant to the 2003-2007 State/CSEA Agreements.

Employees continue to be permitted to accrue up to 200 days of sick leave credits and to use up to 200 days of such credits to pay for health insurance in retirement.

Subject to the 200-day maximum 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: Sick Leave at Half-Pay
Unit and Item: 12.20
Manual Reference: Section 21.5

The sick leave at half-pay provisions in Article 12.20 are new and apply to all eligible PS&T Unit employees. The previous sick leave at half-pay provision in the 1999-2003 Agreement applied only to PS&T Unit employees who earned sick leave at the ten-day rate. PS&T Unit employees who earned sick leave at the 13-day rate were not previously covered by this Article, but were eligible for discretionary sick leave at half-pay under the Attendance Rules.

This new provision applies to all sick leave at half-pay for which an employee is eligible.

The new waiting period requirement, which is the same as that applicable to employees represented by CSEA under the 2003-2007 State/CSEA Agreements, is as follows. Upon employee request, sick leave at half-pay must be granted immediately following exhaustion of leave credits except to employees who have been formally disciplined for leave abuse within the preceding year, provided they are otherwise eligible (i.e., must meet all eligibility requirements including furnishing medical documentation satisfactory to the agency).

Upon exhaustion of leave credits, employees who have been formally disciplined for leave abuse within the preceding year, but who are otherwise eligible for sick leave at half-pay, must be granted sick leave at half-pay following ten consecutive working days of absence (with or without charge to leave credits). However, that waiting period may be waived in appropriate cases at agency discretion.

The contract language specifically defines the term “formally disciplined for leave abuse” to include only the following circumstances:

The preceding year is calculated back from the date the requested half-pay would commence. For example, an eligible employee who submits a request on November 1, 2004 to begin sick leave at half-pay on November 15, 2004 is not required to serve a waiting period provided he/she was not formally disciplined for leave abuse as described above during the period November 15, 2003 through November 14, 2004.

A sick leave at half-pay waiting period cannot be imposed because of a pending notice of discipline that has not been resolved as described above. Notices of discipline regarding issues other than time and attendance or those dismissed by an arbitrator or withdrawn by the appointing authority cannot be used as a basis for imposing a waiting period for sick leave at half-pay. Warning letters, counseling memos, imposition of a one-day medical certification
requirement or identification of an employee under an agency sick leave control program are not a basis for imposing a waiting period for sick leave at half-pay.

This new provision applies to absences on or after September 14, 2004, the date of ratification of this Agreement. Employees denied sick leave at half-pay under previous criteria for absences on or after September 14, 2004, including employees currently serving waiting periods, must have their eligibility reviewed again under the new criteria. However, employees are not entitled to be continued on sick leave at half-pay beyond the point that employment would otherwise end by operation of law, rule or regulation.

As was the case under the previous Article 12.20 language, in order to be eligible for sick leave at half-pay under this new contract provision, employees who request sick leave at half-pay must:

The manner in which employees earn eligibility for sick leave at half-pay – one pay period of eligibility for each completed six months of service, exclusive of days of leave without pay, on a qualifying schedule that entitled the employee to earn leave credits – remains unchanged.


Subject: Maternity and Child Rearing Leave
Unit and Item: 12.21
Manual Reference: Section 22.1

This provision entitles employees to delay the start of child care leave where a newborn child must remain in the hospital following birth or to interrupt a period of child care leave after it has commenced for a single continuous period of hospitalization. Previously, such delays or interruptions were only available at agency discretion. However, intermittent child care leave continues to be available only at agency discretion. This is the same benefit extended to employees represented by CSEA pursuant to the 2003-2007 State/CSEA Agreements.

Specifically, where a child is required to remain in the hospital following birth, the seven-month mandatory child care leave shall, upon employee request, commence when the child is released
from the hospital. If the child is required to be admitted to a hospital for treatment after child care leave has commenced, upon employee request child care leave shall be suspended during a
single continuous period of such hospitalization. That period does not count toward calculation of the seven month period.

Similarly, when child care leave in connection with adoption has commenced, if the child is required to be admitted to a hospital for treatment after child care leave has commenced, upon employee request, child care leave shall be suspended during a single continuous period of such hospitalization. That period does not count toward calculation of the seven month period.

Under State policy, child care leave for birth parents must otherwise be taken within the seven month period beginning with the date of birth. Under the State’s adoptive leave policy, child care leave for adoptive parents must begin during a designated window period (anytime between placement up to the effective date of adoption) and the entitlement otherwise runs for seven months from the date the leave begins. Because of the window period, adoptive parents have greater flexibility in terms of when the seven month period begins. If an adoptive child is required to remain in the hospital following birth, the adoptive parent could simply delay the start of the adoptive leave.

In any case where the commencement of child care leave is postponed or where such leave is suspended in accordance with this contract article, any entitlement to mandatory child care leave under this article expires one year from the date of birth of the child for birth parents and one year from the point the child care leave originally commenced for adoptive parents.

This provision applies to hospitalization that occurs on or after September 14, 2004, the date of ratification. Where a continuous period of hospitalization has already commenced prior to September 14, 2004, this provision applies to days that fall on or after September 14, 2004.

Other provisions of the Attendance Rules and the guidelines for administration of those rules, dated January 28, 1982 and March 11, 1982, remain unchanged.

An employee whose child care leave is suspended in accordance with this provision may, depending on the circumstances, 1) remain on leave for disability related to childbirth if the suspension of the child care leave occurs during the disability period following childbirth, 2) return to work, 3) request permission to charge appropriate leave credits, 4) request leave without pay. In some cases the employee may qualify for leave under the Family Medical and Leave Act. Agencies should discuss such status issues with the Attendance and Leave Unit.


Subject: Leave Donation Program
Unit and Item: 12.23 and Appendix III
Manual Reference: Appendix H

Effective September 14, 2004, donations may be made by PS&T Unit employees to PS&T Unit employees in other agencies regardless of whether or not those employees are family members. Previously, donations across agency lines were restricted to family members. The new non-family member benefit provision will sunset close of business April 1, 2007, unless the parties mutually agree to extend beyond that date.

Donations to and from employees in other negotiating units, except family members, continue to be limited to those employed in the same agency, unless similar provisions are in effect for those negotiating units. As of the date of this memo such provisions are also in effect for employees in the Administrative Services Unit, the Operational Services Unit, the Institutional Services Unit, the Division of Military and Naval Affairs Unit, the Rent Regulation Services Unit, the State University Professional Services Unit, as well as for classified service Managerial/Confidential employees and State University of New York unclassified service Managerial/Confidential employees.

Donations made across agency lines from non-family members will be treated in the same way as donations across agency lines for family members. As is the case for donations between family members in different agencies, donations made across agency lines for non-family members will NOT be returned.

Donations made across agency lines must be used prior to donations made within the agency. If agency donations have been used prior to receipt of donations from eligible employees in other agencies, at the point that donations from employees in other agencies are received, the use of in-house donations should be interrupted and donations from employees in other agencies used before resuming the use of donations from agency employees. In the event that donations are received from more than one employee in another agency, the credits should be used in the order received.

For example, a PS&T Unit employee who works Monday-Friday in Agency X exhausted accruals as of December 3, 2004 and has requested leave donations.

On December 1, 2004, Donors A and B in Agency X each donate four days. On December 8, 2004, employee C in Agency Y donates two days and on December 9, 2004, employee D in Agency Y donates two days.

The following illustrates the order in which the days are used:

Donor Agency Date of Donation Total Days Donated Date Used by Donee in Agency X      
A X Dec. 1 4 Dec. 6 Dec. 14 Dec. 16 Dec. 20
B X Dec. 1 4 Dec. 7 Dec. 15 Dec. 17 Dec. 21
C Y Dec. 8 2 Dec. 8 Dec. 9    
D Y Dec. 9 2 Dec. 10 Dec. 13    

As this example illustrates, for donations from outside the recipient's agency, donations are used in the order received, with all days from Donor C used first, then all days from Donor D.

In the event that donations are received on behalf of employees who have been deemed ineligible for donations, the leave donation forms should be returned to the donor���s personnel office with a notation that the recipient is not eligible for the Leave Donation Program and the donated days returned to the donor.

Under current guidelines, employees who began sick leave at half-pay because donations were exhausted or because no donations were available may, upon request and at agency discretion, be permitted to interrupt sick leave at half-pay to use donated leave that became available after the sick leave at half-pay commenced. Under the new provision, a period of sick leave at half-pay that began prior to September 14, 2004, should be interrupted for donations from outside the agency made on or after September 14, 2004.


Subject: Holidays for Seasonal Employees
Unit and Item: Appendix II, Side Agreements--Seasonal Employees
Manual Reference: Appendix E

This Appendix was modified to provide an enhanced holiday benefit to certain returning seasonal employees not subject to the Attendance Rules or who have not been granted anticipated eligibility to accrue leave credits and observe holidays. This is the same benefit extended to employees represented by CSEA pursuant to the 2003-2007 State/CSEA Agreements.

Specifically, seasonal employees employed to work on a 37.5 or 40-hour per week basis who work at least 25 days in the current season and who were so employed in one of the two seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period are eligible to receive holiday compensation for time worked on all holidays during the current seasonal period. Such compensation is paid retroactively upon completion of five weeks of work. This benefit is first payable for work on holidays during the 10/1/04-3/31/05 seasonal period for employees who met the prior service requirement during either the 10/1/03 to 3/31/04 or the 4/1/04 to 9/30/04 seasonal period.

Additionally, the number of days on which holiday benefits are available to seasonal employees has increased from two to three days for seasonal employees described in category (2) below.

As a result of this modification for purposes of holiday benefits, seasonal employees fall into one of four categories:

(1) Seasonal employees who are not employed to work on a 37.5 or 40-hour per week basis or who do not work at least 25 days during the season. Such employees receive only regular salary for work on a holiday and are not eligible to receive holiday compensation.

(2) Seasonal employees employed to work on a 37.5 or 40-hour per week basis who work at least 25 days during the season and who were not so employed during at least one of the two consecutive seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period. Such employees are 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.

(3) Seasonal employees employed to work on a 37.5 or 40-hour per week basis who work at least 25 days during the current season and who have been so employed during at least one of the two consecutive seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period. Such employees are entitled to additional compensation at their hourly rate up to a maximum of eight hours for time worked on all days during their employment in the current seasonal period which are observed as holidays by the State.

(4) Seasonal employees who have Attendance Rules coverage or have been granted anticipated eligibility. Such employees are treated as any other employee with Rules coverage or anticipated eligibility, except that they receive holiday compensation for holidays worked and are not permitted to elect to receive holiday leave (holiday compensatory time) for time worked on a holiday in lieu of holiday pay.

It should be noted that seasonal employees who have Attendance Rules coverage or anticipated eligibility are the only employees eligible for time off with pay on holidays or to be credited with holiday leave for holidays that fall on pass days off. For other seasonal employees, the seasonal holiday benefit is available only for time worked on covered holidays.


Subject: Leave Adjustment Pilot Program for Part-Time Annual Salaried Employees
Unit and Item: Appendix III
Manual Reference: Appendix D

This pilot program provides eligible part-time annual salaried employees who are scheduled to work additional hours beyond their payroll percentage with leave adjustment credits for that additional time worked.

This program is the same as the CSEA Leave Adjustment Program for Part-Time Annual Salaried Employees which was made a permanent program for the CSEA Units in the 2003-2007 CSEA Agreements.

The PS&T Pilot Program will apply to additional hours worked beginning in pay period 14 of fiscal year 2004-2005. The first crediting of additional vacation and sick leave for pay periods 14 through 26 will occur within a 60-day period following the end of pay period 26 of fiscal year 2004-2005. The first personal leave adjustment date will be May 30, 2005 for the six month period October 1, 2004 through March 31, 2005. The personal leave adjustment for the period April 1, 2005 through March 31, 2006 will be credited on May 30, 2006. The personal leave adjustment for the period April 1, 2006 through March 31, 2007 will be credited on May 30, 2007.

The Pilot will end following pay period 26 of fiscal year 2006-2007 unless extended by mutual agreement of the parties.

Set forth below is the language agreed to by the parties:

Term of Pilot
The pilot will begin with pay period 14 in fiscal year 2004-2005 and will end immediately following pay period 26 of fiscal year 2006-2007, 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 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 assigned to the employee qualifies for the earning of leave credits under the Attendance Rules. The employee need not actually work that schedule each pay period in order to remain 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 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 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 Program.

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

Vacation and Sick Leave

1. 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 provisions providing for additional vacation and sick leave shall apply to additional hours worked beginning in pay period 14 of fiscal year 2004-2005. The first crediting at this rate will occur within a 60-day period following the end of pay period 26 of fiscal year 2004-2005.

2. 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.

Sick Leave Adjustment Credits
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 sick leave. Eligible employees are credited with 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 (3) below).

Vacation Adjustment Credits for Employees who Accrue at the Thirteen-Day Rate
An employee who earns vacation at the 13-day rate 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. Eligible employees are credited with one-quarter (1/4) hour of vacation 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 (3) below).

Vacation Adjustment Credits for Employees Who Accrue at the Twenty-Day Rate
An employee who earns vacation at the 20-day rate must have worked a minimum of three and one quarter (3.25) 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. Eligible employees are credited with one-quarter (1/4) hour of vacation for every three and one quarter (3.25) hours of additional time worked during the thirteen pay periods under review. For this purpose, time worked includes time charged to leave credits (see (3) below).

When an employee���s seventh anniversary date falls during the 13 pay periods under review, the employee will be credited with vacation adjustment credits at the 13-day rate for those 13 pay periods and thereafter will be credited with vacation adjustment credits at the 20-day rate.

Some examples follow:

A1. During payroll periods 1-13 of 2005, a half-time PS&T unit employee with three years of creditable service 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.)

A2. During payroll periods 14-26 of 2005, 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.)

B1. During payroll periods 1-13 of 2005, a half-time PS&T unit employee with ten years of creditable service works a total of 80 hours beyond her normal half-time schedule. This employee would be credited with an additional six and one quarter (6.25) hours of vacation and four (4) hours of sick leave within 60 days after payroll period 13. The vacation is calculated as follows:

80 hours of additional time worked divided by 3.25 hours = 24.62 three and one-quarter hour segments multiplied by .25 hour credited for each 3.25 hours of additional time worked = 6.15 hours. Rounding to the nearest quarter hour, the employee receives 6.25 hours of additional vacation. The sick leave is calculated as described in example A.1 above.

B2. During payroll periods 14-26 of 2005, this employee works 155 hours above her payroll percentage and earns 12 hours of additional vacation and 7.75 hours of additional sick leave. The vacation is calculated as follows: 155 hours divided by 3.25 hours = 47.69 three and one-quarter hour segments multiplied by .25 hour credited for each 3.25 hours of additional time worked = 11.92 hours. Rounding to the nearest quarter hour, the employee receives 12 hours of additional vacation. The sick leave is calculated as described in example A2. above.

3. 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 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, begins working additional time for the first time in pay period 1 in fiscal year 2005-2006. On November 1, 2005, 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 2, 2005, the last day of a pay period, the employee is credited for the first time with additional vacation and sick leave under this Program for pay periods 1 through 13. On November 4, 2005, 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.

4. 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 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

1. 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 will be May 30, 2005 for the six month period October 1, 2004 through March 31, 2005. The personal leave adjustment for the period April 1, 2005 through March 31, 2006 will be credited on May 30, 2006. The personal leave adjustment for the period April 1, 2006 through March 31, 2007 will be credited on May 30, 2007.

2. 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, 2005 through March 31, 2006, a PS&T unit 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.)

3. 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 Program (see Vacation and Sick Leave (3) above).

4. Personal leave adjustment credits accrued as a result of additional time worked will be kept in a separate leave category called ���Personal Leave Adjustment.���

5. 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.

6. 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
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: Productivity Enhancement Program
Unit and Item: Appendix III
Manual Reference: Section 26.3

The Productivity Enhancement Program (PEP) allows eligible employees to exchange previously accrued annual leave (vacation) and/or personal leave in return for a credit to be applied toward their employee share NYSHIP premiums on a biweekly basis.

A detailed program description is contained in Policy Bulletin 2004-03 dated September 2004.

This is a pilot program that will sunset December 31, 2007 unless extended by mutual agreement of the parties.