.211 Section 130.6 authorizes applications for such Shift Pay Differentials from appointing officers, employees, and employee organizations. Applications by appointing officers should be submitted in accordance with New York STate Electronic Personnel System (NYSTEP) procedures detailed in the NYSTEP/TPM User Manual. Applications by employees and employee organizations should be submitted in writing to the Director of the Division of Classification and Compensation.
.212 All requests should include detailed information and documentation regarding:
- Common practice among non-State employers, in the comparable geographic location, to pay shift differentials for the particular occupation and shift under consideration.
- Pay provided by non-State employers (combination of base pay and shift differential) that results in total compensation which substantially exceeds the State's base pay scales.
- Evidence that an agency is experiencing difficulty in recruiting qualified employees for the particular class of work or that it has been losing employees to other employers for the same class of work on shifts other than the day shift.
- How the duties and responsibilities of employees in the particular occupation on the subject shift are not materially less than the duties and responsibilities of employees in the same occupation who work on the day shift.
.221 Shift Pay Differentials may only be authorized for tours of duty which include four (4) or more hours between 6 p.m. and 6 a.m. (This is the same definition used for Inconvenience Pay, See Subsection .225.).
.222 Shift Pay Differentials can be authorized for employees who are "regularly assigned" to "a work shift other than a normal day shift." Budget Policy and Reporting Manual Item D-420 and Section 143.1 of the Civil Service Codes, Rules, and Regulations defines "regularly assigned" as "scheduled to work a shift other than a normal day shift on a basis other than a temporary basis." An employee should be considered "regularly assigned" to a night or evening shift if the employee works no less than ten (10) working days in a two-week period on such a shift. An employee regularly assigned to the day shift whose schedule is changed to a night shift for one (1) or two (2) days is not eligible for a Shift Pay Differential because the assignment is temporary.
.223 Shift Pay Differentials may be approved for a particular occupation when it is determined that other employers authorized a higher rate of pay or wage differential for similar shifts. An employee whose normal work schedule consists of both day and evening or night shifts is eligible for a Shift Pay Differential on a pro-rated basis.
.224 Shift Pay Differentials are either percentage or fixed dollar amounts that can be authorized in any area or location. A Shift Pay Differential is not considered part of an employee's base annual salary.
.225 Shift Pay Differentials should not be confused with Inconvenience Pay which is negotiated pay in addition to the base annual salary of an employee (other than part-time or seasonal employees) who regularly works four or more hours between the hours of 6 p.m. and 6 a.m., exclusive of any hours for which overtime compensation is paid. Managerial/Confidential (M/C) employees are eligible for Inconvenience Pay. Inconvenience Pay is paid to eligible employees in addition to Shift Pay Differentials.
.226 An employee does not retain the benefit of a Shift Pay Differential when that employee ceases to be employed in the work shift or position in the area or location for which the Shift Pay Differential is authorized. Contact the Office of the State Comptroller's Payroll Unit regarding salary implications.
.227 Further specifics and examples of the application of Shift Pay Differentials can be found in the Office of the State Comptroller’s Salary Manual (see previously listed web site).
.231 The Division of Classification and Compensation periodically reviews the appropriateness of previously approved Shift Pay Differentials. When appropriate and justifiable, the Director retains the statutory authority to either reduce or enhance existing Shift Pay Differentials, or terminate (i.e., rescind) existing Shift Pay Differentials.