New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 135 - Overtime Compensation › Section 135.4 - Authorization for overtime work

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unscheduled overtime work must be
				authorized in advance by the appointing officer or his designated
				representative before overtime may be credited. The designated representative
				must be an officer or supervisor ineligible to earn overtime pay. Each instance
				of overtime work must be approved individually. "Blanket approvals" are not
				permitted. When unscheduled overtime is authorized by a designated
				representative, the appointing officer must be notified within 24 hours. The
				appointing officer shall provide guidelines for future action by either
				agreeing with or questioning the authorization.
(b) Notification of unscheduled overtime
				shall be forwarded to the Division of the Budget at the close of the bi-weekly
				payroll period in which the overtime is authorized.
(c) Scheduled overtime work must have the
				prior approval of the Director of the Budget as provided under section
				135.7.
(d) The appointing officer or his designated
				representative will take all reasonable steps to provide for an equitable
				distribution of scheduled overtime opportunities among qualified permanent
				officers and employees of the appropriate work unit.
(e) In the absence of a sufficient number of
				volunteers, unscheduled overtime can be required of any officer and employee
				who, in the judgment of the supervisor, is needed to do the work.
(f) Overtime performed in a higher or lower
				title can be performed only on a voluntary basis. Extra service work can also
				be performed only on a voluntary basis.
(g) Eligible officers and employees shall be
				eligible for overtime for actual travel and/or service performed while in
				travel status, provided that:
(1) The trip is
				not between the officer's or employee's residence and his official work station
				as defined by the appointing officer.
(2) The trip is for the purpose of conducting
				State business and is authorized in advance.
(3) Authorization is granted only when travel
				during regular work hours is less economical or unduly delays the officer's or
				employee's return to his official work station.
(4) The trip is not taken for the purpose of
				attending a professional conference or convention.
Division of the Budget Interpretation
Attendance at professional conferences and conventions
The following is our interpretation of the rules governing
				  overtime compensation insofar as they apply to persons eligible to earn
				  overtime who are attending professional conferences and conventions, at the
				  full or partial expense of the State. This interpretation is based on the
				  premise that attendance at such sessions are of substantial benefit to the
				  employee and aid in his professional development. It is our opinion that the
				  time spent in attending such conferences and conventions, including travel time
				  to and from them, during evenings, weekends and holidays cannot be considered
				  as overtime. Employees eligible for overtime should be notified in advance that
				  they will not be eligible for overtime while in such attendance. It should be
				  noted, however, that wherever practicable travel incident to such attendance
				  should be so arranged as to occur during normal working hours. We believe this
				  is a reasonable interpretation and is within the intent of the
				  rules.