21.2 Vacation - Rules Pages (Part 1 of 2)

Attendance and Leave Manual

Absence With Pay (Part 21)

Section 21.2 - Vacation - (Part 1of 2, R-1 through 4)

R-1 Eligibility

Employees appointed on or after January 3, 1957 and compensated on an annual salary basis are eligible to earn vacation upon completion of a cumulative total of 13 pay periods of service on a qualifying schedule without a break of more than one year. During each of these 13 pay periods an employee must be in full pay status seven of the ten working days in order to receive credit for the completion of a pay period.

Part-time annual salaried employees are eligible to earn vacation if they work a fixed number of hours five days a week.

See related contract provisions in 26.1, C-1

Employees compensated on a per diem or hourly basis who work a regularly scheduled workweek of at least 3 3/4 hours per day and five days per week are eligible to earn vacation following the completion of 19 pay periods of employment without a break of more than one complete pay period, provided they have been in full pay status for at least seven work days in each of 13 or more of such pay periods. After attaining coverage under the Attendance Rules such employees are retroactively credited with vacation for each payroll period during this qualifying period that they were in full pay status for seven out of ten workdays. They are thereafter eligible to earn vacation in the same manner as annual salaried employees. (See Appendix C and Appendix D for additional information.)
Employees designated as summer employees or summer replacements are not eligible to earn vacation. (See Section 26.2 of this Manual.)

See related contract provisions in 26.1, C-5, C-8

Continuous Service

For vacation purposes, a leave of absence without pay of any duration does not constitute a break in continuous service.

A separation of less than one year does not constitute a break in continuous service except when such separation occurs during the period of "qualifying service" of a per diem or hourly employee. A separation of more than one year constitutes a break in service for all employees.

Employees returning to the payroll after a separation of less than one year or a leave of absence of any duration retain all vacation rights and privileges due them prior to such leave or separation. However, such a separation may affect their anniversary date for bonus vacation credits (see "Anniversary Date for Vacation Purposes" in this Section).

See related contract provisions in C-2

R-2 Earning Vacation

For purposes of determining the rate at which employees earn vacation, service in the Executive, Legislative and Judicial branches of State Government including service in the unclassified service of the State University of New York and in agencies with which reciprocal agreements have been established in accordance with Section 24.1 of the Attendance Rules, is counted as State service. For example, an employee with 10 years of service in the Judicial Branch, moving to a position subject to the Attendance Rules within one year of separation from the Judicial Branch, has 10 years of service to his/her credit under the Rules and his/her vacation anniversary date is calculated in accordance with his/her total State service.

Employees who are separated or are on leave of absence without pay for a period of more than six months must have their anniversary date adjusted. (See "Anniversary Date for Vacation Purposes", in this Section.)

Accrual Rate First Through Seventh Year

Annual salaried employees hired on or after January 3, 1957 are credited with 6 1/2 days vacation upon completion of the required 13 biweekly pay periods. Thereafter, during their second through seventh years they earn vacation credits at the rate of 1/2 day per biweekly pay period and, upon completion of each full year of continuous service, earn vacation "bonus days" in accordance with the following schedule:

See related contract provisions in 21.1, C-16

Completed Years of Continuous Service	Bonus Days Additional Vacation Credits	See related contract provisions in C-3
1	1 day
2	2 days
3	3 days
4	4 days
5	5 days
6	6 days
7	7 days

After the anniversary date on which an employee is credited with seven "bonus days," he/she earns vacation for completed pay periods at the rate of 20 days per 26 pay periods. (See "Twenty Day Accrual Rate" below.)

R-3

Employees whose seventh anniversary date falls during the first 13 days of a pay period earn vacation for that period and thereafter at the rate of 20 days per 26 pay periods. However, if the seventh anniversary date falls on the last day of the pay period, vacation is not earned on the basis of 20 days per 26 pay periods until the following pay period. Employees who are not on the payroll on their anniversary date because of a separation or a leave without pay of six months or less are credited with "bonus days" upon their return to the payroll and retain their original anniversary date. (Employees on sick leave at half-pay are credited with vacation bonus days on their anniversary date.)

Twenty Day Accrual Rate

Employees hired prior to January 3, 1957 and employees who have completed seven years of creditable State service earn vacation at the rate of 20 days for each 26 pay periods.

See related contract provisions in C-1

Employees in State service on January 3, 1957, or who were in State service prior to that date and were reinstated or reemployed within one year after separation, may be credited with vacation at the close of each payroll period during which they are in full pay status seven work days or, at the discretion of the employing agency, a lesser number of days in accordance with agency regulations in force and effect on January 2, 1957.

Vacation is credited each payroll period in such a manner as to add up to 20 days at the end of 26 payroll periods. The following are two systems currently in use in State service which are acceptable;

For a 37 1/2 hour workweek, vacation is credited at the rate of 5 3/4 hours each pay period. An additional quarter hour is credited at the end of the 13th and 26th pay periods.
For a 37 1/2 or 40 hour workweek, vacation is credited at the rate of 3/4 of a day per pay period with an additional 1/4 day credited at the end of the 13th and 26th pay periods.

R-4 Crediting Vacation

Employees in full pay status for at least seven working days (not cumulative total of seven days but seven separate full days) during a pay period receive vacation credits for that period. Full pay status includes leave with full pay. (See p. 9, Section 26.1 for status of employees on educational leave with pay.) (See also Appendix C and Appendix D for additional information.)

Civil Service Commission Reinstatement

Employees who are reinstated by action of the Civil Service Commission following a break in service of more than one year are eligible to accrue vacation at a rate based on their prior State service beginning with the payroll period in which the reinstatement was approved. They are not entitled to a retroactive adjustment in vacation accruals for the period between reentry into State service and the date of their reinstatement by the Commission.

Crediting Other Public Service Employment as State Service for Vacation Purposes

Employees who move from positions not subject to the Attendance Rules in the Legislative, Executive, or Judicial branches, or agencies with which reciprocal agreements have been established in accordance with Section 24.1 of the Attendance Rules, to positions subject to the Attendance Rules are entitled to earn and liquidate vacation credits immediately upon such movement provided they have completed the required number of qualifying biweekly pay periods in their former positions.

Per Diem or Hourly Employees

Provided they have been in full pay status for seven of ten working days in each of 13 pay periods, employees compensated on a per diem or hourly basis who have completed the required 19 pay periods of employment on a qualifying schedule are credited with vacation retroactive to the beginning of their continuous service as if they had been subject to the Attendance Rules during this period. (Vacation credit is not earned for a pay period unless an employee was in full pay status for at least seven of the ten work days during the pay period.) Any paid vacation granted to them during this period is deducted from such total credits. Thereafter they earn and are credited with vacation in the same manner as annual salaried employees.

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