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State Management Personnel Manual

0800 Classification and Compensation



.110 Statutory Authority

.111 Section 130.6 of the Civil Service Law provides that the Director of the Division of Classification and Compensation may authorize payment of additional compensation, called a Shift Pay Differential, to employees regularly assigned to work on a shift other than a normal day shift, in specific titles, or occupations under certain specified conditions. All such determinations are subject to the approval of the Director of the Division of the Budget.

.120 Purpose

.121 The purpose of Shift Pay Differentials is to help the State attract and retain employees to work other than normal daily shifts in particular occupations and areas of the State.

.122 The Division of the Budget’s Budget Policy and Reporting Manual Item D-420 states that Shift Pay Differentials are not substitutes for a general salary increase or inconvenience pay and should not be authorized simply because hours of employment differ from those of a normal day shift.

.130 Approved Salary Differentials

.131 The Division of Classification and Compensation has developed a Salary Differential Search Engine to look up approved Increased Hiring Salaries (Section 130.4), Shift Pay Differentials (Section 130.6), and Geographic Pay Differentials (Section 130.7). The Salary Differential Search Engine is an advisory tool only and should not be used to convey any "official" salary offer to any candidate. For an "official" salary calculation with an approved Salary Differential, contact the Office of the State Comptroller's Payroll Unit.


.210 Applications

.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 (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:

  1. Common practice among non-State employers, in the comparable geographic location, to pay shift differentials for the occupation and shift under consideration.
  2. Pay provided by non-State employers (combination of base pay and shift differential) that results in total compensation that substantially exceeds the State's base pay.
  3. 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.
  4. How the duties and responsibilities of employees in the occupation on the subject shift are not materially less than those of employees in the same occupation who work on the day shift.

.220 Considerations

.221 Shift Pay Differentials may only be authorized for tours of duty which include four 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 ineligible for a Shift Pay Differential because the assignment is temporary.

.223 Shift Pay Differentials may be approved for an occupation when it is determined that other employers pay higher salaries 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. A Shift Pay Differential is not 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 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.

.230 Review, Reassessment, and Rescission

.231 The Division of Classification and Compensation periodically reviews the appropriateness of previously approved Shift Pay Differentials. When appropriate, the Director retains the statutory authority to either reduce or enhance existing Shift Pay Differentials, or terminate (i.e., rescind) existing Shift Pay Differentials.

Replaces Sections 0830; 0840; 0850(B); 0850(D); 0870; 0870(A); 0870(B); 0870(C); 0870(E); 0870(F) -  Dated August, 2008
Replaces 0860 - Dated December 18, 2014

Issued: August 6, 2018

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