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Attendance & Leave
Manual

Instructions

Introduction

Attendance (Part 20)

• 20.1 Basic Workweek
• 20.2 Record of Attendance
• 20.3 Tardiness

Absence with Pay
(Part 21)

• 21.1 Sundays & Holidays
• 21.2 Vacation
• 21.3 Sick Leave
• 21.4 Extended Sick Leave
• 21.5 Sick Leave at Half-Pay
• 21.6 Personal Leave
• 21.7 Leave for Extraordinary Weather Conditions
• 21.8 Workers' Compensation Leave
• 21.9 Leave for Subpoenaed Appearance and Jury Attendance
• 21.10 Leave for Civil Service Examinations
• 21.11 Leave for Quarantine
• 21.12 Leaves Required by Law or Negotiated Agreement
• 21.13 Leave for Civil Defense Duties

Leaves Without Pay (Part 22)

• 22.1 Leave of Absence; Duration
• 22.2 Successive Leaves of Absence

Drawing of Earned Credits Upon Separation
(Part 23)

• 23.1 Payment for Accruals Upon Separation
• 23.2 Payment for Accruals Upon Entry into Armed Forces
• 23.3 Payment for Overtime Accruals Upon Appointment, Promotion or Transfer

Crediting Other Public Service Employment as State Service (Part 24)

Suspension of Rules
(Part 25)

• 25.1 Emergency Required for Suspension of Rules

Applicability (Part 26)

• 26.1 To Whom Rules Apply
• 26.2 Exceptions
• 26.3 Rules Applicable to Employees in Negotiating Units

Appendices

A. Civil Service Attendance Rules

B. Calendar of Legal Holidays & Religious Holy Days

C. Alternative Work Schedules

D. Part-Time Employment

E. Seasonal Employment

F. Attendance Rules for Managerial/Confidential Employees

G. Reciprocal Agreements

H. Leave Donation

I. Family & Medical Leave Act

Disclaimer

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Absence With Pay (Part 21)

Section 21.10 - Leave for Civil Service Examinations

R-1 Purpose

The purpose of this Section is to provide eligible employees with a reasonable amount of time off with pay without charge to credits to take State level Civil Service examinations and to be interviewed for promotions and transfers under certain circumstances.

Eligibility

All employees covered by the Attendance Rules are eligible for leave under this Section.

See related contract provision C-1

Conditions Under Which Leave is Granted

An employee, upon providing sufficient notice, is entitled to leave with pay without charge to credits to:

1. take any New York State Civil Service promotion or open competitive examination (includes written, oral, physical and performance examinations) for a State position (includes State level positions in agencies not covered by these Rules that participate in the Civil Service exam process).
2. be interviewed for a position as a result of the establishment of an eligible list, preferred list, reemployment roster or placement roster for State positions (includes interviews in agencies not covered by these Attendance Rules).
3. be interviewed for a position that may result in an interdepartmental or intradepartmental transfer (any movement) or promotion, provided the employee has not initiated the interview. An interview which results from response to a canvass letter or other agency-initiated inquiry directed to a specific employee is not deemed to be employee-initiated and the employee is allowed time off without charge to credits under this Section. If the employee initiates the interview for a transfer, the time off must be charged to personal leave, vacation, holiday leave or overtime credit. Sick leave may not be used. An employee is deemed to have initiated an interview if the interview is the result of a phone inquiry made by the employee, an unsolicited resume submitted by the employee or a response to a posting.

R-2

Pursuant to agency policy, appointing authorities may consider in-house interviews in response to postings to be an assignment to duty and therefore not charged to credits.

Amount of Time to be Granted

Agencies are expected to exercise sound discretion in determining the amount of time off to be granted to employees for taking Civil Service examinations or being interviewed. Such time off should include the actual time of the examination or interview and travel time to and from the nearest examination center or the interview site. When appropriate, meal time may be included.

Additional time without charge to credits shall not be granted except in unusual circumstances.

See related contract provision C-1

For example, examination time, travel and meal time may total 6 1/2 hours of an 8-hour shift so the appointing authority may deem it inadvisable for the employee to return to duty for the remaining 1 1/2 hours and therefore excuse the 1 1/2 hours without charge to leave credits.

Under no circumstances shall any type of compensatory time off be granted in connection with a Civil Service examination.

Time Off to Review or Appeal an Examination

An employee who takes time off to participate in any review of or to appeal a Civil Service examination must charge the absence to personal leave, vacation, holiday leave or overtime credits. Sick leave may not be used. An appointing authority may not deny such leave to an employee if as a result the employee is, in fact, denied the right to review or appeal an examination the employee has taken.

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