reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.2 - Vacation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees in
				  State service on the day preceding the effective date of this Chapter, or who
				  were in State service before such date and who after such date, are reinstated,
				  or reemployed within one year after separation from State service, shall earn
				  and accumulate vacation at the rates provided in this Chapter as in force and
				  effect on the day preceding the effective date of this Chapter.
(b)
(1)
				  Employees who enter State service on or after the effective date of this
				  Chapter shall, upon completion of 13 biweekly pay periods of service, be
				  credited with six and one-half days' vacation. Thereafter, each such employee
				  shall earn and accumulate vacation credits at the rate of one-half day per
				  biweekly pay period until he has completed seven years of continuous service.
				  An employee shall not earn vacation credit for any biweekly pay period unless
				  he is in full pay status for at least seven workdays during such biweekly pay
				  period.
(2) A part-time employee
				  who is required to work a fixed number of hours, five days per week, shall also
				  receive vacation as provided herein, but his total pay for such period of
				  vacation shall be the amount which would have been due him if he had been
				  working regularly at his usual hours for such period.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.4 - Extended sick leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  appointing authority may, in its discretion, advance sick leave credits to an
				  employee absent due to personal illness who has exhausted his accumulated sick
				  leave, vacation and overtime credits. Such advanced sick leave credits shall be
				  repaid, as soon as practicable after the employee's return to duty, from
				  subsequent accumulations of time credits. The outstanding unrepaid sick leave
				  credits advanced to any employee under the provisions of this subdivision shall
				  not at any time exceed a total of five days.
(b) The appointing authority may, in its
				  discretion, upon written request from an employee certified by an examining
				  physician as benefiting from the use of service animal in performing major life
				  activities, or who is registered with the New York State Commission for the
				  Blind and Visually Handicapped as legally blind, or certified by an examining
				  physician or licensed optometrist as legally blind, as manifested by visual
				  acuity of 20/200 or less in the better eye with best correction or a visual
				  field of 20 degrees or less, or who has a hearing impairment manifested by a
				  speech discrimination score of 40 percent or less in the better ear with
				  appropriate correction as certified by an examining physician or by a licensed
				  audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to
				  such employee who is absent for the purpose of obtaining a guide dog or service
				  animal and required training related thereto, and who has exhausted accumulated
				  leave credits, provided the cumulative total of sick leave credits charged
				  and/or advanced for this purpose does not exceed 26 days in any one calendar
				  year. Such advanced sick leave credits shall be repaid, as soon as practicable
				  after the employee's return to duty, from subsequent accumulations of time
				  credits. The outstanding unrepaid sick leave credits advanced to an employee
				  under the provisions of this subdivision shall not at any time exceed a total
				  of 26 days.
(c) Upon termination of
				  an employee advanced sick leave pursuant to this Part, any such advanced sick
				  leave not offset by subsequent accumulations of sick leave, vacation and
				  overtime credits shall be deducted from salary or wages due the
				  employee.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.5 - Sick leave at half-pay

Current through Register Vol. 46, No. 28, July 10, 2024
The appointing authority may, in its discretion, grant sick
					 leave at half-pay for personal illness to a permanent employee having not less
					 than one year of service after all of his sick leave, vacation and overtime
					 credits have been used; provided, however, that the cumulative total of all
					 sick leave at half-pay hereafter granted to any employee during his State
					 service shall not exceed one pay period for each completed six months of his
					 State service.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.7 - Leave for extraordinary weather conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The appointing authority may, in its
				  discretion, grant employees time off with pay on account of excessive heat or
				  other extraordinary weather conditions.
(b) Such time off shall be charged against
				  accumulated vacation, overtime or sick leave credits, or may, with the approval
				  of the appointing authority, be allowed as personal leave.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.8 - Workers' compensation leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Leave for absence necessitated by occupational injury or disease.
(1) Except as otherwise provided in
				  subdivisions (b) and (c) of this section, an employee necessarily absent from
				  duty because of occupational injury or disease as defined in the Workers'
				  Compensation Law, upon giving notice to his appointing authority that he is
				  absent on account of such injury or disease and that he claims benefits under
				  such law, shall be allowed leave from his position for the period of absence
				  necessitated by such injury or disease, up to cumulatively one year including
				  any periods of such absence during which the employee draws vacation, sick
				  leave or other leave credits. Such leave may be extended for further periods in
				  the discretion of the appointing authority.
(2) Upon granting workers' compensation leave
				  pursuant to subdivision (a) or (b) of this section, the appointing authority
				  shall provide the employee in writing with the notice specified in section
				  5.9(b) of this
				  Title, within the time prescribed by that rule.
(3) No less than 30 days nor more than 60
				  days prior to the anticipated expiration of an employee's workers' compensation
				  leave, or the effective date of a termination of the leave by the employer
				  pursuant to section
				  71 of the
				  Civil Service Law upon a finding that the unfitness to perform the duties of
				  the position is permanent where that determination does not arise from a
				  hearing, the appointing authority shall provide the employee in writing with
				  the notice specified in section
				  5.9(c)(2) of this
				  Title. If for any reason less than 30 days would remain prior to the date of
				  termination of leave, if that termination is not the result of a hearing,
				  service of the notice shall be deemed to be a grant by the appointing authority
				  of an extension of the leave to a date 30 days from the date of service of this
				  notice.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.9 - Leave for subpoenaed appearance and jury attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				  this section, on proof of the necessity of jury service or appearance as a
				  witness pursuant to subpoena or other order of a court or body, an employee
				  shall be granted a leave of absence with pay with no charge against leave
				  credits; provided, however, that this section shall not apply to any absence by
				  an employee occasioned by such an appearance in an action to which such
				  employee is a party.
(b) An
				  employee holding a position designated as overtime ineligible may be granted a
				  leave of absence with pay with no charge against leave credits on proof of
				  necessity of jury service or appearance as a witness pursuant to subpoena or
				  other order of a court or body for any period(s) of less than a workweek,
				  regardless of whether such employee is a party to the action.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.10 - Leave for civil service examinations

Current through Register Vol. 46, No. 28, July 10, 2024
Employees shall be allowed leave with pay to take New York
					 State Civil Service examinations at the appropriate center, provided that due
					 notice is given by the employee to the appointing authority.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.11 - Leave for quarantine

Current through Register Vol. 46, No. 28, July 10, 2024
If an employee who is not ill himself is required to remain
					 absent because of quarantine and presents a written statement of the attending
					 physician or local health officer proving the necessity of such absence, he
					 shall be granted leave with pay for the period of his required absence, without
					 charge against accumulated sick leave, vacation or overtime credits. Prior to
					 return to duty, such employee may be required to submit a written statement
					 from the local health officer having jurisdiction that his return to duty will
					 not jeopardize the health of other employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.12 - Leaves required by law

Current through Register Vol. 46, No. 28, July 10, 2024
The appointing authority shall grant any leave of absence,
					 with pay, required by law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.13 - Leave for civil defense duties

Current through Register Vol. 46, No. 28, July 10, 2024
Upon certification by the State Director of Civil Defense
					 of the necessity for the participation in State or local civil defense drills
					 of an employee enrolled as a civil defense volunteer and required to perform
					 civil defense duties pursuant to the New York State Defense Emergency Act, the
					 appointing authority may allow such employee to absent himself from his
					 position, without loss of pay or charge against leave credits, for such time as
					 is necessary for participation in such drills, but not exceeding cumulatively
					 five work days per calendar year.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.14 - Retroactive time credits

Current through Register Vol. 46, No. 28, July 10, 2024
Except for the provisions of sections
					 21.2(i)  and
					 21.3 of this Part granting vacation
					 and sick leave credits for the nine months' service preceding the date on which
					 an employee becomes subject to this Chapter, nothing herein contained shall be
					 construed to provide for the granting of retroactive vacation, sick leave or
					 other time credits to any per diem or hourly paid employee for service rendered
					 prior to August 14, 1958. [FN1]
[FN1] Section derived from concluding paragraph of
					 Resolution No. 86 of the Civil Service Department, approved by Governor July
					 30, 1958, amending Attendance Rules.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.16 - Exhaustion of military leave with pay

Current through Register Vol. 46, No. 28, July 10, 2024
Upon exhaustion of military leave with pay provided
					 pursuant to section 242 of the New York State Military Law, an employee holding
					 a position designated as overtime ineligible may be granted leave with pay
					 without charge to leave credits for any period(s) of less than a workweek
					 during which such employee is ordered to temporary military
					 duty.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 22 - Leaves Without Pay › Section 22.1 - Leave of absence; duration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  permanent employee, or an employee holding a position by permanent or temporary
				  appointment who requests leave because of pregnancy or childbirth, may, in the
				  discretion of the appointing authority, be granted a leave of absence, without
				  pay for a period not exceeding two years. Such leave may be extended beyond two
				  years, for periods aggregating not in excess of an additional two years, only
				  with the approval of the Civil Service Commission. In an exceptional case, a
				  further extension may be permitted by the commission for good cause shown and
				  where the interests of the government would be served. For the purposes of this
				  Part, time spent in active service in the military forces of the United States
				  or of the State of New York shall not be considered in computing the period of
				  leave.
(b) This section shall not
				  be construed to require the extension of any employment beyond the time at
				  which it would otherwise terminate by operation of law, rule or
				  regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 22 - Leaves Without Pay › Section 22.2 - Successive leaves of absence

Current through Register Vol. 46, No. 28, July 10, 2024
Where a leave of absence without pay has been granted for a
					 period which aggregates two years, or more if extended pursuant to section
					 22.1 of this Part, a further leave
					 of absence without pay shall not be granted unless the employee returns to his
					 position and serves continuously therein for six months immediately preceding
					 the subsequent leave of absence.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 22 - Leaves Without Pay › Section 22.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 23 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 23.1 - Payment for accruals upon separation

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of separation from State service, an employee,
					 his estate or beneficiary, as the case may be, shall be compensated in cash for
					 overtime credits not in excess of 30 days accrued and unused as of the
					 effective date of separation; and further, except where provision is made for
					 the transfer of leave credits, he shall be compensated in cash for vacation
					 credits not in excess of 30 days accrued and unused as of the effective date of
					 separation, except that in the case of resignation, the appointing authority
					 may require, as a condition for such payment, that written notice of such
					 resignation be given to the appointing authority at least two weeks prior to
					 the last day of work. No employee who is removed from State service as a result
					 of disciplinary action or who resigns after charges of incompetency or
					 misconduct have been served upon him shall be entitled to compensation for
					 vacation credits under the provisions of this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 23 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 23.2 - Payment for accruals upon entry into armed forces

Current through Register Vol. 46, No. 28, July 10, 2024
An employee on leave from his position on account of his
					 entry into the Armed Forces of the United States for active duty (other than
					 for training) as defined by Title 10 of the United States Code, may elect to
					 receive compensation in cash for vacation and overtime credits not in excess of
					 30 days in each category accrued and unused as of the last date on which his
					 name appeared on the State payroll.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 23 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 23.3 - Payment for overtime accruals upon appointment, promotion or transfer

Current through Register Vol. 46, No. 28, July 10, 2024
An employee who is appointed, promoted or transferred from
					 one department or agency to another shall be compensated in cash by the
					 department or agency from which he is so appointed, promoted or transferred for
					 such of his overtime credits up to 30 days as cannot be liquidated by
					 compensatory time off prior to such appointment, promotion or transfer. An
					 employee who is appointed, promoted or transferred from one unit or institution
					 to another within the same department or agency in the Office of Mental Health,
					 the Office of Mental Retardation and Developmental Disabilities, the Department
					 of Health, the Department of Correctional Services, or the Division for Youth,
					 or within the State University, shall not be compensated in cash for overtime
					 but such credits shall be transferred to the new unit or institution with the
					 employee.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 24 - Crediting Other Public Employment As State Service › Section 24.1 - Written agreement required for transfer of leave credits

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of applying the provisions of this Chapter,
					 employment in the executive, legislative or judicial branches of State service
					 in positions not subject to this Chapter shall be credited as State service;
					 provided, however, that, except as otherwise provided by law, leave credits may
					 not be transferred upon movement from such positions to positions subject to
					 this Chapter except where such credits were earned and accumulated in
					 accordance with attendance and leave regulations which are substantially
					 equivalent to this Chapter, and there is a written agreement between the
					 president of the Civil Service Commission and the agency wherein such credits
					 were earned and accumulated governing the transfer of leave credits upon such
					 movements. Other public employment not subject to this Chapter may be credited
					 as State service for purposes of this Chapter, provided such employment was
					 subject to attendance and leave regulations substantially equivalent to this
					 Chapter, and provided there is a written agreement between the president of the
					 Civil Service Commission and the public agency wherein such employment occurred
					 governing the crediting of such employment as State service and the transfer of
					 leave credits upon movement of employees to and from such agency and positions
					 subject to this Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 25 - Suspension Of Rules › Section 25.1 - Emergency required for suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
This Article may be suspended in whole or in part, in an
					 emergency, for the duration of same and to an extent made necessary by the
					 nature of the emergency, on approval by the State Civil Service Commission of a
					 written request by the appointing authority in the agency in which the
					 emergency exists.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 25 - Suspension Of Rules › Section 25.2 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 26 - Applicability › Section 26.1 - To whom article applies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise expressly provided in any rule or rules, this Article shall apply to
				  the following employees in the classified service in departments, agencies and
				  institutions in the Executive Branch of the State service who are not
				  designated as managerial or confidential under section
				  201, article
				  14, of the Civil Service Law:
(1) all such
				  employees who are compensated on annual salary basis;
(2) all such employees compensated on a per
				  diem or hourly basis who are employed on a regularly scheduled workweek of at
				  least three and three-fourths hours per day and five days per week, and who
				  have been so employed continuously for nine months without a break in service
				  exceeding one full payroll period. Any such person who has completed such nine
				  months of service on or before the effective date of this section shall become
				  subject to this Chapter commencing on the effective date of this section; or,
				  if such person is not in employment status on the effective date of this
				  section, he/she shall be subject to this Chapter commencing on the first day of
				  the payroll period following reinstatement pursuant to law or rules, or on the
				  first day of the payroll period following such reemployment, provided such
				  reemployment occurs within one year after such person's last separation from
				  State service. Any such employee who completes such nine months of service
				  subsequent to the effective date of this section shall become subject to this
				  Chapter commencing on the first day of the payroll period following completion
				  of such service. Such employees shall thereafter continue to be subject to this
				  Chapter so long as such employment continues without a break in service of more
				  than one year.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 26 - Applicability › Section 26.2 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of these rules authorizing the earning and
					 accumulation of vacation credits and entitlement to personal leave shall not
					 apply to employees whose employment is temporary and limited to all or parts of
					 the months of June, July, August and September and who are designated as summer
					 employees or summer replacements.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 26 - Applicability › Section 26.3 - Rules applicable to employees in negotiating units

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of these attendance rules, insofar as they
					 apply to employees in the negotiating units established pursuant to article 14
					 of the Civil Service Law, shall be continued; provided, however, that during
					 periods of time when there is in effect an agreement between the State and an
					 employee organization reached pursuant to the provisions of said article 14,
					 the provisions of such agreement and the provisions of such rules shall both be
					 applicable. In the event the provisions of the agreement are different from the
					 provisions of the attendance rules, the provisions of the agreement shall be
					 controlling.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 27 - General Attendance Provisions › Section 27.1 - Basic workweek

Current through Register Vol. 46, No. 28, July 10, 2024
The basic workweek for annual salaried employees of State
					 departments, agencies and institutions, other than those employed on a
					 part-time basis only and other than employees excluded from the application of
					 overtime compensation under the rules of the Director of the Budget adopted
					 pursuant to section
					 134 of the
					 Civil Service Law, shall be 40 hours; provided, however, that where a shorter
					 workweek would not interfere with the proper performance of government
					 functions an appointing authority may establish a basic workweek of not less
					 than 37 1/2 hours and five days or an authorized equivalent work schedule, for
					 any employees under its appointive jurisdiction as may be designated by it with
					 the approval of the Division of the Budget; provided, however, that this Part
					 shall not be construed to increase the workweek of any employee for whom a
					 workweek of less than 40 hours is prescribed by law, rule or administrative
					 regulation as of the day preceding the effective date of this
					 Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 27 - General Attendance Provisions › Section 27.2 - Record of attendance

Current through Register Vol. 46, No. 28, July 10, 2024
Daily time records showing actual hours worked by each
					 employee shall be maintained; provided, however, that the appointing authority
					 may, with the approval of the Department of Civil Service, exempt from this
					 requirement such executives, officers and employees who do not earn overtime as
					 it may designate. Employees exempt from maintaining daily time records showing
					 actual hours worked shall maintain a daily record of absences and time and
					 leave credits earned and used in accordance with this
					 Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 27 - General Attendance Provisions › Section 27.3 - Tardiness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The appointing
				  authority shall establish and publish, subject to the approval of the
				  Department of Civil Service, rules and schedules establishing penalties for
				  tardiness. Such penalties shall not preclude disciplinary action in cases of
				  excessive tardiness. In the event of public transportation difficulties,
				  strikes, severe storms or floods, or similar uncontrollable conditions
				  affecting a group of employees, tardiness may be excused by the appointing
				  authority.
(b) The appointing
				  authority may excuse a reasonable amount of tardiness caused by direct
				  emergency duties of duly authorized volunteer ambulance squad members,
				  volunteer firemen, enrolled civil defense volunteers, and enrolled civil air
				  patrol volunteers, subject to whatever evidence of participation in such
				  activities may be deemed necessary by the appointing authority.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.1 - Saturdays, sundays and holidays

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Saturdays and Sundays are normally allowed as days off, or days may be allowed
					 in lieu thereof. A pass day is a day off in lieu of a Saturday or Sunday on
					 which an employee is normally and regularly required to work.
(b) Holidays shall be allowed as days off, or
					 days shall be allowed in lieu thereof.
(c) The days prescribed by law for the
					 observance of New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln's
					 Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day,
					 Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day
					 shall be observed as holidays. When a day observed as a holiday as provided
					 herein falls on a Saturday or on an employee's pass day, the employee shall be
					 allowed compensatory time off or another day shall be designated as a holiday
					 in lieu thereof. In lieu of observance of the holidays enumerated herein on the
					 days prescribed by law, the State may designate one or more of these holidays
					 for observance on date or dates to be selected by the employee in accordance
					 with guidelines issued by the Department of Civil Service.
(d) Compensatory time off in lieu of a
					 holiday shall be credited as holiday leave. Employees shall be allowed
					 reasonable opportunity to liquidate such leave time prior to separation,
					 subject to program requirements and, in the case of resignation, subject to
					 reasonable advance notice of such resignation.
(e) A part-time employee shall also observe
					 holidays as provided herein, but such employee's total pay for a holiday shall
					 be the amount which would have been due if such employee had been working
					 regularly at his/her usual hours for such holiday. Such part-time employees
					 shall observe only those holidays which fall on days they normally and
					 regularly work or actually work; provided, however, that in the event a holiday
					 falls on a Saturday and another day is not designated to be observed as the
					 holiday, part-time employees eligible to observe holidays who are employed on a
					 fixed schedule of at least half time and for whom Saturday is not a regular
					 workday, but who are scheduled to work on the Friday immediately preceding such
					 holiday, shall be granted holiday leave equivalent to the number of hours such
					 employees are regularly scheduled to work on that preceding Friday, but not to
					 exceed one-fifth the number of hours in the normal workweek of full-time State
					 employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.2 - Vacation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees in
					 State service on January 2, 1957, or who were in State service before such date
					 and who, after such date, are reinstated, or reemployed within one year after
					 separation from State service, shall earn and accumulate vacation at the rates
					 provided in this Chapter as in force and effect on the day preceding the
					 effective date of this Article.
(b)
(1) Employees who enter State service on or
					 after January 3, 1957 shall, upon completion of 13 biweekly pay periods of
					 service, be credited with 61/2 days' vacation. Thereafter, each such employee
					 shall earn and accumulate vacation credits at the rate of one-half day per
					 biweekly pay period until such employee has completed seven years of continuous
					 service. An employee shall not earn vacation credit for any biweekly pay period
					 unless in full pay status for at least seven workdays during such biweekly pay
					 period.
(2) A part-time employee
					 who is required to work a fixed number of hours on a fixed schedule five days
					 per week, or who is required to work at least half-time each biweekly pay
					 period for a fixed number of hours on a fixed schedule, shall also receive
					 vacation as provided herein, but the total pay for such period of vacation
					 shall be the amount which would have been due if such employee had been working
					 regularly at his/her usual hours for such period.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.3 - Increase Sick Leave Accruals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Effective January 1, 1986, this section
					 shall apply only to persons who were in State service on December 31, 1985,
					 including persons on an authorized leave of absence on such date and to persons
					 who were in State service prior to December 31, 1985, who prior to such date
					 resigned, retired or who were otherwise separated from their positions who are
					 reemployed or reinstated to State service on or after January 1, 1986, who have
					 creditable State service prior to January 1, 1986, who are eligible for but
					 decline to participate in the Income Protection Plan established pursuant to
					 the provisions of Part 78 of this Title (President's Regulations) and any such
					 persons who are not otherwise eligible to participate in said plan. For the
					 purpose of this section, an employee has prior creditable service if such
					 person is reemployed within one year of resignation, retirement or termination
					 or is reinstated by the Civil Service Department or Commission or by court
					 order or is reemployed from or while eligible to be reemployed from a preferred
					 list.
(2) Sick leave is absence
					 with pay necessitated by the illness or disability of an employee, including
					 illness or disability caused by pregnancy or childbirth.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.4 - Extended sick leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Effective January 1, 1986, this section
					 shall apply only to persons who were in State service on December 31, 1985,
					 including persons on an authorized leave of absence on such date and to persons
					 who were in State service prior to December 31, 1985, who prior to such date
					 resigned, retired or who were otherwise separated from their positions who are
					 reem ployed or reinstated to State service on or after January 1, 1986, who
					 have creditable State service prior to January 1, 1986, who are eligible for
					 but decline to participate in the Income Protection Plan established pursuant
					 to the provisions of Part 78 of this Title (President's Regulations) and any
					 such persons who are not otherwise eligible to participate in said plan. For
					 the purpose of this section, an employee has prior creditable service if such
					 person is reemployed within one year of resignation, retirement or termination
					 or is reinstated by the Civil Service Department or Commission or by court
					 order or is reemployed from or while eligible to be reemployed from a preferred
					 list.
(2) The appointing authority
					 may, in its discretion, advance sick leave credits to an employee absent due to
					 personal illness who has exhausted accumulated sick leave, vacation and
					 overtime credits. Such advanced sick leave credits shall be repaid, as soon as
					 practicable after the employee's return to duty, from subsequent accumulations
					 of time credits. The outstanding unrepaid sick leave credits advanced to any
					 employee under the provisions of this subdivision shall not at any time exceed
					 a total of five days.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.5 - Sick leave at half-pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective January 1, 1986, this section shall apply only to persons who were in
					 State service on or before December 31, 1985, and persons who are reemployed or
					 reinstated to State service on or after January 1, 1986, with creditable State
					 service as described in section
					 28-1.3(a)(1) of
					 this Part for service performed prior to January 1, 1986, who are eligible for
					 but decline to participate or who are not eligible to elect to participate, in
					 the Income Protection Plan established pursuant to the provisions of Part 78 of
					 this Title (President's Regulations) and to persons appointed on or after
					 January 1, 1986, who are excluded from participating in said plan.
(b) The appointing authority may, in its
					 discretion, grant sick leave at half-pay for personal illness to a permanent
					 employee having not less than one year of service after all sick leave,
					 vacation and overtime credits have been used; provided, however, that the
					 cumulative total of all sick leave at half-pay hereafter granted to any
					 employee during such employee's State service shall not exceed one pay period
					 for each complete six months of such State service.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.7 - Leave for extraordinary weather conditions and extraordinary circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 appointing authority may, in its discretion, grant employees time off with pay
					 charged to leave credits (other than sick leave) for absences necessitated by
					 excessive heat or other extraordinary weather conditions.
(b) Employees who have reported for duty, and
					 because of extraordinary circumstances or extraordinary weather conditions are
					 directed to leave work, shall not be required to charge such directed, early
					 departures to the leave credits.
(c) During a state of emergency declared by
					 the Governor, employees directed by the Governor not to report for duty to
					 official work stations within the specific geographic area covered by the
					 emergency declaration shall not be required to charge such directed absences to
					 their leave credits.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.9 - Leave for subpoenaed appearance and jury attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
					 this section, on proof of the necessity of jury service or appearance as a
					 witness pursuant to subpoena or other order of a court or body, an employee
					 shall be granted a leave of absence with pay with no charge against leave
					 credits; provided, however, that this section shall not apply to any absence by
					 an employee occasioned by such an appearance in an action to which such
					 employee is a party.
(b) An
					 employee holding a position designated as overtime ineligible may be granted a
					 leave of absence with pay with no charge against leave credits on proof of
					 necessity of jury service or appearance as a witness pursuant to subpoena or
					 other order of a court or body for any period(s) of less than a workweek,
					 regardless of whether such employee is a party to the action.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.10 - Leave for civil service examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees shall be allowed leave with pay
					 to take New York State civil service examinations for State positions at the
					 appropriate center, provided that due notice is given by the employee to the
					 appointing authority. Leave shall be allowed for written, oral, physical and
					 performance tests and for interviews from eligible lists, or for transfers
					 providing the employee has not initiated the interview.
(b) Employees whose work shifts end less than
					 eight hours prior to the starting time of an examination may, at the discretion
					 of the appointing authority, be allowed leave with pay for part or all of such
					 shifts.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.11 - Leave for quarantine

Current through Register Vol. 46, No. 28, July 10, 2024
If an employee who is not personally ill is required to
						remain absent because of quarantine, and presents a written statement of the
						attending physician or local health officer proving the necessity of such
						absence, such employee shall be granted leave with pay for the period of the
						required absence, without charge against leave credits. Prior to return to
						duty, such employee may be required to submit a written statement, from the
						local health officer having jurisdiction, that return to duty will not
						jeopardize the health of other employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.12 - Leaves required by law

Current through Register Vol. 46, No. 28, July 10, 2024
The appointing authority shall grant any leave of
						absence, with pay, required by law.