21.12 Leave Required by Law or Negotiated Agreement

Absence With Pay (Part 21)

Section 21.12 - Leaves Required by Law or Negotiated Agreement - (Part 1 of 2, C-1 through 14)

[Part 1, pages C-1 through C-14]

C-1 Leave for Professional Meetings

Negotiating Units:

Professional, Scientific and Technical Services Unit Article 12.15
Rent Regulation Services Unit Article 12.16

Effect:

Employees may, upon request, be allowed to attend conferences or seminars of recognized professional organizations without loss of pay or charge to vacation or personal leave or other time and leave accruals. For employees to be eligible for this leave, the conference or seminar must be directly related to their professions or professional duties (i.e., their professional discipline) although they need not be members of the sponsoring organization.

An eligible employee is entitled to leave with pay to attend professional conferences or seminars up to a maximum of two days for PS&T Unit [see Policy Bulletin 1993-07 - Attendance and Leave Items - 1991-1995 Negotiated Agreement for Professional, Scientific and Technical Services Unit and Policy Bulletin 2001-01 -Attendance and Leave Items in the 1999-2003 Negotiated Agreement Between the State of New York and the Public Employees Federation for Employees in the Professional, Scientific and Technical Services Unit for updated information] employees and three days for RRSU employees (including travel time) each year of the applicable negotiated agreement subject to prior approval and provided that the leave shall not interfere with the proper conduct of governmental functions. Employing agencies are authorized to restrict these leaves for any conference or at any one time to 10% of the appropriate profession in the "operating unit" but may approve leave for more than 10% of such staff.

These contract items do not guarantee that every eligible employee will receive two or three days' leave with pay annually to attend professional conferences or seminars. Because of the timing of employee requests for the leave, the need to conduct governmental functions and imposition of the 10% of staff limitation, some employees may receive less than the maximum number of days allowed. Whenever possible and as required, employing agencies should take appropriate steps to ensure that the leave is equitably distributed among eligible employees in the operating unit.

Employees Directed to Attend Professional Conferences

The subject contract items do not prohibit employing agencies from directing attendance at professional conferences or seminars in excess of two or three days annually where attendance is in the nature of a duty assignment.

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C-2 Leave for Professional Examinations

Negotiating Unit:

Professional, Scientific and Technical Services Unit Article 12.16

Effect:

Under Article 12.16(a), employees shall, upon request, be allowed time off with pay and without charge to leave credits to take one professional examination each fiscal year. If the examination is administered in several parts, the parts must be treated as a single examination. The examination must be in the employee's professional discipline, and all time off allowed for travel to and from the place of the examination must be charged to leave credits.

Under Article 12.16(b), if an employee is scheduled to take a professional examination for which time off will or may be approved without charge to leave credits as provided by this Article, and if the employee is scheduled to work a shift which ends within eight hours of the commencement of the examination, reasonable effort must be made by the employing agency to adjust the employee's work schedule or allow the employee adequate time off charged to leave credits. Work schedule adjustments and time off allowances must take into consideration agency needs to provide services and general program requirements.

If it is not possible to grant time off as contemplated by Article 12.16(b) because of the need to maintain essential services, the employee may not be allowed any form of compensatory tine off nor granted any special relief or consideration. The need to schedule overtime, however, may not be used as a reason for denying time off under this item.

"Professional examination," as used in this contract item, includes professional licensing or certification examinations but does not include school examinations regardless of whether the employee is receiving tuition assistance from the employing agency. Although an employee may be allowed time off to take a school examination or to attend graduation exercises without charge to leave credits pursuant to an agency educational leave, scholarship grant or tuition assistance program, the employee may not be granted time off pursuant to this contract item.

The employee's "professional discipline" as used in this contract article is intended to encompass the professional area in which the individual is employed and licensing or certification examinations that are relevant to this professional discipline.

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C-3 Employee Organization Leave - All Unit Provisions

Negotiating Units:

Administrative Services Unit Article 4
Institutional Services Unit Article 4
Operational Services Unit Article 4
Professional, Scientific and Technical Services Unit Article 4.7
Rent Regulation Services Unit Article 4.7
Security Services Unit Article 5.3
Security Supervisors Unit Article 5.3

Effect:

The following special provisions apply to all employees regardless of negotiating unit.

Holidays and Pass Days

Employee organization leave may not be approved for employee organization activities conducted on holidays or pass days. Employees who would normally be entitled to employee organization leave because of participation in employee organization or joint labor/management activities are not entitled to the leave nor to any form of overtime or compensatory time off for travel to or attendance at such activities on holidays or pass days.

Eligibility of Employees in "Other" Negotiating Units

An employee may not be granted employee organization leave except as provided by the agreement negotiated for the employee's negotiating unit. For example, an employee in the Administrative Services, Operational Services or Institutional Services Units may not be granted employee organization leave to attend a Council 82 convention although the employee may be authorized to attend such convention as a Council 82 delegate. An employee in the Security Services Unit may not be granted employee organization leave to participate in "local" level negotiations as a representative of CSEA although the employee may be authorized to serve as a member of the CSEA negotiating team. In each example, the employee may be granted time off to participate in the employee organization activity but must charge the time off to appropriate leave credits.

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C-4 Leave for Social Activities

The State policy with respect to social activities such as picnics, holiday parties, retirement and service award luncheons, etc., is as follows:

1. Such activities are not specifically treated under any of the current employee organization agreements with the State. They are, however, matters of accepted practice by many employers and may be carried on by State agencies as a management prerogative.

2. The principal executive officer of each agency has the authority to determine that these activities would be beneficial to employee relations and in the best interests of the department or agency. If the agency head so determines, he or she may grant appropriate time off to employees of the agency without charge to accumulated leave credits. It should be clearly understood that this policy applies only to those activities sponsored by the agency or where the agency conducts an activity with the cooperation of the certified or recognized employee organization.

3. Where there is more than one certified or recognized employee organization in an agency, the agency should carefully weigh possible problems before accepting the cooperation of the employee organizations.

4. Absence should be charged to leave credits where the picnic or service function is sponsored or conducted as an employee organization affair.

5. This privilege should be applied uniformly and prudently throughout the agency.

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C-5 Employee Organization Leave - CSEA

Negotiating Units:

Administrative Services Unit Article 4
Institutional Services Unit Article 4
Operational Services Unit Article 4

Effect:

Employees in the Administrative Services, Institutional Services, and Operational Services Units are eligible for leave with pay to attend CSEA Statewide delegate meetings, meetings of CSEA's Board of Directors, directors' committee meetings and meetings of CSEA's standing, ad hoc and special committees. They are also eligible for leave with pay to investigate and process grievances, to participate in Statewide negotiations, and to attend joint meetings of management and employees.

Procedures for Implementing Employee Organization Leave, Article 4 of Negotiated Agreements for Administrative, Operational and Institutional Units

I. Administrators of Employee Organization Leave

The Governor's Office of Employee Relations administers employee organization leave for Statewide negotiations, Statewide Joint Labor/Management Committees and investigation and processing of grievances. The Governor's Office of Employee Relations has delegated administration of employee organization leave for Board of Directors' meetings, Committee meetings and Delegates' meetings to the Director of Work Force Planning Services, Department of Civil Service. CSEA's employee organization leave administrator is the Director of Contract Administration, CSEA.

II. General Considerations

Employee organization leave shall be leave with pay. Article 4 of the State-CSEA agreements provides for employee organization leave only for employees in the Administrative, Institutional and Operational Services Units.

Travel time shall mean actual and necessary travel time during the hours the employee would normally work, not to exceed five hours each way. The amount of travel time will be determined by each employing agency.

No overtime or compensatory time off may be approved for travel to or attendance at a meeting, or for investigating or processing a grievance.

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Employees who travel to or attend a meeting or who are investigating or processing a grievance on a regular day off or pass day or holiday shall not be granted any time off in lieu thereof.

Employee organization leave should be requested through and approved in advance by the employing agency and such approval is, in all cases, subject to reasonable operating needs.

Unless otherwise indicated, the term "year" shall mean the contract year beginning on April 1 and ending on March 31.

III. CSEA Delegate Meetings

1. Eligible State Employees

a) CSEA delegates
b) Members of Board of Directors
c) Sergeants-at-Arms and assistants
d) Members of Convention and Credentials Committees
e) Alternates or proxies who actually attend instead of an otherwise eligible employee.

2. Number of Eligibles

Approval of requests for employee organization leave for delegate meetings must be consistent with the need to maintain essential services. Subject to such approval, each local is entitled to delegate strength equal to the number of votes the local, or State division local, is entitled to cast. Additional employees may, at the discretion of the appointing authority, be granted time off with charge to leave credits to attend this meeting.

The Director of Contract Administration, CSEA, will supply the Director of Work Force Planning Services, Department of Civil Service, with a list of CSEA locals composed of State employees and the vote count for each local, along with the names of the members of the Board of Directors, the Convention Committee, the Credentials Committee, the Sergeants-at-Arms and assistants. The Director of Work Force Planning Services, Department of Civil Service, will supply each agency with a list of CSEA locals composed of State employees and the vote count for each local. Other employees who are granted time off at the discretion of the employing agency must charge accrued leave credits.

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3. Amount of Leave

The maximum employee organization leave permissible for a delegate meeting shall be five days or a lesser amount that is actually used plus travel time.

4. Procedure for Requesting Leave

Requests for employee organization leave to attend approved delegate meetings shall be filed by the employee or his/her local president in writing at least five days in advance of these meetings, specifying the total amount of leave requested including travel time. Local presidents should be asked to verify the status of employees as delegates. Requests shall be made to the official the agency may designate. Lists of members of the CSEA Board of Directors, committee members, and Sergeants-at-Arms and assistants will be sent to the appropriate employing agencies by the Director of Work Force Planning Services and may be used to verify eligibility for employee organization leave.

5. Notification of Meetings and Authorization for Leave

a. Notice of Meetings

The Director of Work Force Planning Services will advise agencies in advance of delegate meetings for which employee organization leave may be granted.

b. Tentative Approval

Agencies will grant tentative approval of employee requests for employee organization leave subject to telephone verification by the Director of Work Force Planning Services. The Director of Policy Analysis and Research will notify agencies of appropriate charges following the meeting.

c. Record of Attendance and Lists of Eligibles

No later than 20 working days following the delegate meeting, CSEA's Director of Contract Administration will forward to the Director of Work Force Planning Services the names, agencies and official work stations (e.g., main office, district office or geographic location or institutional facility) of delegates and other employees who attended the meeting and are eligible for employee organization leave. Listing of the delegates and other employees will be by chapter.

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d. Authorization

The Director of Work Force Planning Services will notify each agency of the employees who are eligible for and may be granted employee organization leave. This notification will serve as written authorization for final approval by the employing agencies of the employee organization leave.

Employees who may have received tentative approval for employee organization leave to attend the delegates meeting will be required by their agencies to charge their time off to leave credits if their names do not appear on the written authorization received from the Director of Work Force Planning Services.

e. Disputes

Employees who challenge the accuracy of the written authorizations and believe they are entitled to employee organization leave must refer these challenges through their local presidents or directly to CSEA's Director of Contract Administration. Adjustments in written authorizations for employee organization leave may not be made by any agency except upon written notice from the Director of Work Force Planning Services.

IV. Statewide Negotiations, Section 4.8(b)

1. Eligible State Employees

Those employees certified to the agencies by the Governor's Office of Employee Relations.

2. Amount of Leave

Employee organization leave pursuant to Section 4.8(b) is subject to reasonable operating needs. Leave may be granted for time actually and reasonably spent for these negotiations, including travel time and time approved for preparation meetings.

3. Request for Leave

Requests for leave shall be filed at least 24 hours in advance in writing by the eligible employee to the official the agency designates.

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4. Verification

a. List of Eligibles

CSEA's Director of Contract Administration will submit to the Director of Employee Relations a list of all CSEA members of the various Statewide CSEA negotiating teams (and revisions thereto), including title, negotiating unit, agency and official work station (e.g., main office, district office or geographic location or institutional facility). These lists will be sent to the appropriate employing agencies.

b. Tentative Approval

Agencies will grant tentative approval for employee organization leave.

c. Record of Attendance

The chief State negotiator for each team will certify immediately following each session a record of attendance by the CSEA team at such session including names of participants, their agencies and locations, and the beginning and ending times of the session including authorized preparation time. The record of attendance must bear the certifying signature of the chief State negotiator or chairperson.

d. Authorization

The Director of Employee Relations will forward authorization for employee organization leave to the affected agencies.

e. Records

The Director of Employee Relations will maintain a record of the leave used by requesting from each agency the travel time and the total time approved for each employee for each session. These totals must be submitted in writing upon receipt of authorization to approve the leave.

V. Joint Labor/Management Committees, Section 4.10

A. Statewide Committees

1. Eligible State Employees

Those employees certified to the agencies by the Director of Employee Relations.

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2. Amount of Leave

Employee organization leave pursuant to Section 4.10 is subject to reasonable operating needs. Leave may be granted for time actually and reasonably spent in participating in jointly scheduled meetings of joint labor/management committees plus travel time.

3. Request for Leave

Requests for employee organization leave should be filed by eligible employees in writing at least five days in advance with the official the agency designates.

4. Verification

a. List of Eligibles

CSEA's Director of Contract Administration will submit to the Director of Employee Relations a list of all CSEA members of committees (and revisions thereto), including title, agency and official work station (e.g., main office, district office or geographic location or institutional facility).

b. Notification of Meetings and Record of Attendance

Immediately following each meeting, the State chairperson will notify the Director of Employee Relations of the date, starting and ending times and record of attendance.

c. Tentative Approval

Agencies may grant tentative approval for employee organization leave, including travel time, subject to the need to maintain essential services.

d. Authorization

The Director of Employee Relations will authorize the approval of employee organization leave by the agencies on the basis of the record of attendance.

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e. Records

The Director of Employee Relations will maintain a record of the leave used by requesting from each agency the travel time and the total time approved for each employee for each meeting. These totals must be submitted in writing upon receipt of authorization to approve the leave.

B. Departmental Committees

1. Amount of Leave

Employee organization leave is subject to reasonable operating needs. Leave may be granted for travel time and for time actually and reasonably spent in participating in jointly scheduled meetings of joint labor/management committees which are established on a departmental basis.

2. Requests for Leave

Requests for employee organization leave should be filed by eligible employees in writing at least three days in advance with the official the agency designates.

3. a. Authorization

The chairperson of each agency committee may approve the authorization of employee organization leave on the basis of the record of attendance.

b. Records

The chairperson of each agency committee will maintain a record of the total amount of leave used for meetings of departmental committees; this record will be submitted at the end of each fiscal year.

VI. Investigation and Processing of Grievances, Section 4.9

CSEA's Director of Contract Administration will notify the Director of Employee Relations in writing of the names of employees who are authorized by CSEA to investigate and process grievances. Requests for such leave should be made in advance and such leave is subject to reasonable operating needs. Use of employee organization leave for investigation of claimed grievances and processing of grievances is not subject to verification or final authorization by the Director of...

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...Employee Relations. Agencies are authorized to approve use of such leave and may refer questions or problems to their designated agency liaison in the Governor's Office of Employee Relations. Agencies will keep a record of employee organization leave used for investigating and processing of grievances, including employee's name, title, negotiating unit and amount of leave used.

VII. Board of Directors and Committee Meetings, Section 4.8

1. Eligible State Employees

a) Members of Board of Directors and its committees.
b) Members of standing, ad hoc and special committees.
c) Alternates or proxies who actually attend in place of otherwise eligible employees.

2. Number of Eligibles

Employee organization leave pursuant to Section 4.8 is subject to reasonable operating needs.

3. A maximum of 750 days each contract year may be granted for the use of employees attending CSEA standing, ad hoc and special committees and meetings of the Board of Directors and its committees. In addition, actual and necessary travel time, not to exceed five hours each way, shall be granted.

4. Procedure for Requesting Leave

Request for employee organization leave to attend Board and committee meetings must be filed in writing at least five days in advance of such meetings specifying the total amount of leave requested, including travel time. Request shall be made to such officials as the agency may designate.

5. Notification of Meetings and Authorization for Leave

a. Lists of Eligibles

CSEA's Director of Contract Administration will submit to the Director of Employee Relations a list of the members of the Board of Directors and all committees including agency and official work station (e.g., main office, district office or geographic location or institutional facility). The Director of Employee Relations will inform each affected agency of the names of its employees who are included on the list. CSEA's Director of Contract Administration will inform the Director...

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...of Employee Relations of changes in the list and the Director will forward such changes to the affected agencies.

b. Notice of Meetings

CSEA's Director of Contract Administration will inform the Director of Employee Relations and the Director of Work Force Planning Services of all meetings of the Board of Directors, directors' committees and standing, ad hoc and special committees, at least five days in advance of the meetings. Upon receipt of requests from the affected employees, agencies will grant tentative employee organization leave for the specified meeting. Because agencies will not have received prior notification, verification of the dates and times of meetings to be held and the names of employees scheduled to attend may be obtained prior to the meeting by calling the Employee Relations Section of the Department of Civil Service.

c. Verification and Adjustments

No later than 30 working days following the meeting, CSEA's Director of Contract Administration will forward to the Director of Work Force Planning Services the names and official work stations of employees who attended the meeting including employees who attended as proxies. The Director of Work Force Planning Services will forward this information to the agencies as official confirmation of charges to employee organization leave.

d. Records

The Director of Work Force Planning Services will maintain records of the amount of time used by committee and employee name.

e. Disputes

Employees who challenge the accuracy of authorizations and believe they are entitled to employee organization leave must refer such challenges through their local presidents or directly to CSEA's Director of Contract Administration. No additional employee organization leave may be approved by any agency except upon notice from the Director of Work Force Planning Services.

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VIII. Local Officers and CSEA or Local Representatives

CSEA's Director of Contract Administration will forward quarterly to the Director of Employee Relations a list of CSEA State officers and directors, local officers and other employees eligible for employee organization leave relating to internal union affairs, e.g., delegates' meetings, union committees, etc.

A separate list will be forwarded quarterly and updated monthly by CSEA to the Director of Employee Relations listing those employees designated as grievance representatives and eligible for employee organization leave for this purpose.

Both lists will show names, employing agencies and official work station (e.g., main office, district office or geographic location or institutional facility) and appropriate mailing address.

The contract also provides that the State, at its discretion, may deny employee organization leave for an employee whose name does not appear on these lists. The Director of Employee Relations will send lists and updates to the Director of Work Force Planning Services.

IX. Verification of Status and Authority of CSEA Representatives

State agencies having questions concerning the identity of local representatives or other CSEA representatives or the authority of such persons to speak or act for CSEA on grievances, contract administration or other matters should refer such questions to the Director of Employee Relations. As required, CSEA's Director of Contract Administration will provide the Director of Work Force Planning Services with written certification of the authority and status of such representatives.

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