Absence With Pay (Part 21)

Section 21.2 Vacation - (Part 1 of 2, C-1 through C-9)

C-1 Additional Vacation Credit

Negotiating Units:

• Administrative Services Unit Article 10.3
• Institutional Services Unit Article 10.3
• Operational Services Unit Article 10.3
• Professional, Scientific and Technical Services Unit Article 12.5
• Rent Regulation Services Unit Article 12.3
• Security Services Unit Article 14.1(b)
• Security Supervisors Unit Article 14.1(b)

Effect:

Employees who are subject to these contract articles and who are eligible to earn and accumulate vacation shall be credited with additional vacation upon the completion of 15 or 20 years of service, depending upon bargaining unit, and upon the completion of each additional year of service thereafter as shown on the following chart:

Completed Years of Continuous Service	Additional Days of Vacation Credit
	Administrative Services	Other Units Listed Above
15 to 19	1
20 to 24	2	1
25 to 29	3	2
30 to 34	4	3
35 or more	5	4

Employees who are not subject to rules or regulations providing for the regular earning and accumulation of vacation are not eligible for such additional vacation; e.g., institution teachers, employees in the classified service who are not eligible for vacations under the Attendance Rules for State employees and employees in the unclassified service who are not subject to any rules or regulations on attendance and leave.

Definition of Continuous Service

For purposes of determining eligibility for additional vacation credits, service should be computed in the same manner and subject to the same limitations and restrictions as apply in the computation of service for purposes of determining eligibility for vacation "bonus days" under the Attendance Rules for State employees.

TM-6 - No Substantive Changes - January 1991

C-2 Verification of Service

The following procedures may be used where an agency is unable to verify length of service from its own records:

1. The agency may contact the employee's former agency(ies) for verification of service.
2. If the former agency(ies) cannot provide the information, the employing agency may contact the Department of Civil Service, Employment Records Section, for a check of the records maintained by this Department.
3. If the former agency(ies) cannot provide the information, the employing agency may write the Director of Payroll Audit, Office of the State Comptroller, for a check of records maintained by that Department.
4. If the Departments of Civil Service and Office of the State Comptroller cannot supply the information, the agency may accept an affidavit from the employee indicating the length of service for this purpose only.

Crediting Additional Vacation

Except where there is an interruption of State service, an employee should be credited with additional vacation once every 12 months in accordance with the schedule contained in the appropriate unit agreement. In no event may he/she be credited with additional vacation more than once every 12 months.

Advanced Vacation Credits

Additional vacation credits earned and credited upon completion of 15 or more years of service may not be advanced on a prorated basis to cover absences when no appropriate leave credits are available or to be included in any vacation lump sum payment.

Use, Transfer, Restoration of and Cash Compensation for Vacation Credit

Once credited to an employee, additional vacation credits should be used, transferred and restored and cash compensation should be made for them in the same manner and subject to the same limitations and restrictions as apply to the use, transfer, restoration of and payment for vacation credits earned under the Attendance Rules for State employees.

TM-6 - No Substantive Changes - January 1991

C-3 Vacation Credit Accumulation

Negotiating Unit:

• Professional, Scientific and Technical Services Unit Article 12.4(a)

Effect:

This provision eliminates vacation bonus days at the end of the first and second years of continuous service for employees hired on or after April 1, 1988. All other Attendance Rule and contract provisions concerning the establishment of the anniversary date, crediting, use and transfer of vacation continue to apply.

Employees subject to this contract article will not earn vacation bonus days on their first and second anniversary dates. On the third anniversary date, such employees will be credited with three vacation bonus days and thereafter will be credited with vacation bonus days in accordance with the Attendance Rules up through the seventh anniversary date at which time the employee will be credited with seven vacation bonus days.

Thus, the vacation bonus day schedule for a PS&T employee hired on or after April 1, 1988, is as follows:

Years of Service	Vacation Bonus Days
1	0
2	0
3	3
4	4
5	5
6	6
7	7

For an employee to be deemed to have been hired on or after April 1, 1988, and therefore subject to this revised schedule, the employee must not have had creditable State service prior to April 1, 1988.

The term "prior creditable service" for purposes of this Article means State service prior to April 1, 1988 (regardless of negotiating unit, including service with the Executive, Legislative and Judicial branches and service transferable under a reciprocal agreement) which was on a qualifying schedule (a schedule which would have entitled an employee to earn leave accruals) and which was not interrupted by a break in service of more than one year or, if interrupted by a break in service of more than one year, was followed by reinstatement by the Civil Service Commission or Department or by appointment from or while on a preferred list.

TM-6 - New or Revised Material - January 1991

C-4 Additional Vacation Credit

The crediting of vacation bonus days is determined by the employee's status on-the vacation anniversary date and creditable State service prior to April 1, 1988.

If an employee hired on or after April 1, 1988, in another negotiating unit subsequently moves to the PS&T Unit and the appointing authority determines that the employee is subject to the revised vacation bonus day schedule, such employee will be entitled to retain, upon appointment to the PS&T position, all vacation bonus days previously received. On the employee's first vacation anniversary date following movement to the PS&T position, the employee will be subject to the revised vacation bonus day schedule.

Similarly, if an employee in the PS&T Unit subject to the revised vacation bonus day schedule, moves to a position in another unit subject to the Attendance Rules, such employee becomes subject to the vacation bonus day schedule contained in the Attendance Rules on the first vacation anniversary date following movement to the new unit.

Some examples follow:

1. A full-time annual salaried employee with no prior creditable service is appointed to a PS&T position on May 1, 1988. On May 1, 1989, the employee's first anniversary date, the employee receives no vacation bonus days. On June 1, 1989, the employees moves to an M/C position. On May 1, 1990, the employee's second anniversary date, the employee is credited with two vacation bonus days as an M/C employee.
2. A full-time annual salaried employee with no prior creditable service is appointed to an ASU position on July 30, 1988. On July 30, 1989, the employee's first anniversary date, the employee receives one bonus day as a CSEA employee. On August 15, 1989, the employee moves to a PS&T position. On July 30, 1990, the employee's second anniversary date, the employee receives no vacation bonus days since the employee is subject to the revised vacation bonus day schedule as a PS&T employee.

TM-6 - New or Revised Material - January 1991

C-5 Minimum Units of Liquidation

Negotiating Units:

• Administrative Services Unit Article 10.4(a)
• Institutional Services Unit Article 10.5
• Operational Services Unit Article 10.4
• Professional, Scientific and Technical Services Unit Article 12.7(a)
• Rent Regulation Services Unit Article 12.6(a)

Effect:

Employing agencies may not require employees in the negotiating units listed above to use vacation in units greater than 1/4 hour but may permit liquidation in smaller units of time. This means that an employee may be allowed to charge a 35-minute absence against vacation credits as a 45-minute charge (three 1/4 hour units). In accordance with a "local arrangement," he/she may be allowed to charge such an absence as a 40-minute charge (four 10-minute units) or as a 35-minute charge (seven 5-minute units) or on a minute-by-minute basis. Such "local arrangements" which existed as of 4/1/73 are not superseded by the subject contract item and cannot be terminated unilaterally.

TM-6 - No Substantive Changes - January 1991

C-6 Maximum Accumulation

Negotiating Units:

• Administrative Services Unit Article 10.5
• Institutional Services Unit Article 10.6
• Operational Services Unit Article 10.5
• Professional, Scientific and Technical Services Unit Article 12.4(c)
• Rent Regulation Services Unit Article 12.4(a)
• Security Services Unit Article 14.1(e)
• Security Supervisors Unit Article 14.1(e)

Effect:

Employees who earn and accumulate vacation may accumulate vacation credits to a maximum of 40 days (see Exception to the 40-Day Maximum below). This limitation applies to all vacation credits regardless of how they are earned and credited.

Eligible employees do not have an unrestricted right to accumulate vacation up to and beyond the 40-day maximum. (See Liquidation of "Excessive" Vacation Accruals on page C-9 of this Section.)

Exception to the 40-Day Maximum

Effective April 1, 1985, employees in the Administrative Services, Institutional Services, Operational Services, Security Services and Security Supervisors Units may exceed the 40-day vacation maximum during a fiscal year under the following conditions:

The employee must be at the 40-day maximum or about to exceed it during the next accrual period; i.e., on the next time card. If this employee submits a written request for the use of vacation and it is denied, in writing, such employee may continue to accrue vacation beyond 40 days through the last day of the fiscal year, (March 31, at which time all vacation in excess of 40 days is forfeited.

In other words, for the purposes of this provision, the employees in these five units are obligated to make a written request for use of the leave credits and management is obligated to provide a written denial if the request is not approved. An employee's eligibility to exceed the 40-day maximum ends whenever the employee drops below the 40-day maximum or on the first day of each fiscal year. To exceed the maximum again, such employee must have a vacation request denied as explained above.

The 30-day limit on cash compensation for accrued and unused vacation at time of separation remains unchanged.

TM-6 - No Substantive Changes - January 1991

[See also 26.3, Policy Bulletin 08-04, 2007-2011 Negotiated Agreements (CSEA), Liquidation of Vacation Credits Side Letter, P-15]

C-7

Some examples follow:

1. Employee A has 39 days of vacation as of April 10, 1985. Her accruals between 4/11/85 and 5/8/85, the next time card, will be 12 hours and will bring her over 40 days. On 4/15/85, she submits a request to use four days of vacation, 4/23 - 26/85 and it is approved. At the end of the time card, her accruals will not exceed the maximum.
   If this employee's request had been denied, she would be eligible to exceed the 40-day maximum from that time until she either (1) dropped below 40 days of vacation following use of the accruals, or (2) reached the end of the fiscal year; i.e., March 31 c.o.b., at which time all vacation credits over 40 days would be forfeited.
2. Employee B had 40 days of vacation in June 1986, requested time off within the pay period and was denied; therefore, he has been accruing vacation beyond 40 days since that time. In September, he has 43 days of vacation; he requests and has approved a two-week vacation. At the end of the vacation, he has 33 days of credits left and is again subject to a 40-day maximum.
3. Employee C is at the vacation maximum and requests use of vacation which is denied. The employee is now eligible to accrue above the 40-day limit. The employee's vacation balance exceeds 40 days on 3/31, so on 4/1 the employee carries forward only 40 days and credits in excess of 40 are forfeited. The employee continues to be subject to the 40-day maximum effective 4/1 until he has a vacation request denied as explained above.
4. Employee D is at the vacation maximum and requests use of four days of vacation. Agency management is unable to spare the employee for four days and advises her that two of the four days requested can be approved. If the employee elects to take the two days of approved vacation, she drops below the 40-day maximum and continues to be subject to that maximum. If the employee elects not to take the two days of vacation because the entire request could not be approved, she must be allowed to exceed the vacation maximum.

The date on which employees in the Professional, Scientific and Technical Services and Rent Regulation Services Units may not exceed the 40-day maximum credit accumulation changed from January 1 to April 1 beginning with 1989. On April 1, 1989, and each April 1 thereafter, employees' time records should be adjusted as necessary to reflect no more than 40 days of vacation. Employees subject to these contract articles may exceed the 40-day maximum at any time other than April 1. The 30-day limit on cash compensation for accrued and unused vacation at time of separation remains unchanged.

TM-6 - New or Revised Material - January 1991

C-8 Cash Compensation for Vacation

Employees who accumulate 40 days or more of vacation may not be compensated in cash for more than 30 days. Vacation credits in excess of 30 days should be liquidated prior to separation subject to the need to maintain essential services and subject to the requirement for prior approval.

Transfer of Vacation Credits

Credits accumulated in excess of 30 days under these contract provisions may be used, transferred and restored subject to the same limitations and restrictions as apply to vacation credits accumulated up to 30 days under the Attendance Rules.

An employee with over 40 days of vacation who moves between two CSEA-represented bargaining units, a CSEA unit and a Council 82 unit or two Council 82 units stops accruing vacation until he/she completes the process of submitting a written request and receiving a denial for use of vacation. This is also true if an employee moves from the PEF or DC 37 unit to a CSEA or Council 82 unit with over 40 days of vacation.

An employee with over 40 days of vacation who moves from any unit to a PEF- or DC 37-represented unit continues to accrue subject only to the April lst 40-day vacation maximum.

See Appendix D, Part-Time Employees, page 7, for a discussion of the impact of the vacation maximum of moving from a full-time to a part-time position.

Notification to Employees of Vacation Accruals

Under the Attendance Rules employees who are allowed to accumulate 40 days or more of vacation must be notified when they have accumulated 25 days of vacation. Although it is not required by the subject contract item, such employees should also be notified when they have accumulated 35 days of vacation.

TM-6 - New or Revised Material - January 1991

C-9 Liquidation of "Excessive" Vacation Accruals

Agency policies requiring employees to take or schedule vacation when their vacation accruals total a prescribed number of days should reflect the fact that employees are allowed to accumulate up to 40 days of vacation and may be allowed to accumulate beyond 40 if eligible. That is, it is reasonable to require such employees to take or schedule vacations when their vacation accruals reach 35 days.

The exception to the 40-day vacation accumulation limitation should not be interpreted as extending a "right" to "hoard" vacation and maintain excessive vacation accumulations. Employees may still be required to schedule and use vacation in accordance with reasonable agency policies designed to encourage the use of vacation in a manner consistent with the intent of the Attendance Rules and the needs of the agency and employee.

TM-6 - No Substantive Changes - January 1991

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