21.2 Vacation - Rules Pages (Part 2 of 2)

Attendance and Leave Manual

Absence With Pay (Part 21)

Section 21.2 - Vacation - (Part 2 of 2, R-5 through R-11)

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R-5 Example l:

An employee is hired on an annual salaried basis and works five pay periods; he/she then has a break in service of three pay periods. Following this break of less than one year, said employee is reemployed on a per diem basis and completes the required 19 pay periods of continuous service in the per diem position.

In crediting vacation, this employee receives vacation credits for the 5 pay periods of service in the annual salaried position as well as the 19 pay periods in the per diem position. The anniversary date will be the date of appointment to the annual salaried position.

Example 2:

An employee is hired on a per diem basis and is employed for 19 pay periods without a break in service of more than one pay period. However, during one pay period this employee was in full pay status for only six days, being absent without pay the remaining days with the consent of the appointing authority. No credit is granted for this pay period when computing the amount of vacation to be credited retroactively. However, this employee does receive credit for the pay period for the purpose of meeting the 19 pay period requirement. Therefore, at the end of the 19th pay period, said employee is credited with vacation for 18 pay periods. The anniversary date will be the date of appointment to the per diem position.

Part-Time Employees

Employees who work a regularly scheduled week of fewer than 37 1/2 hours and who are eligible to earn vacation are credited with such vacation on a prorated basis in the same ratio that the number of hours worked per week has to the normal workweek of 37 1/2 or 40 hours. (See Appendix D for additional information.)

Changes in Percentage of Employment

Employees whose percentage of employment changes at any point during a biweekly payroll period are credited with vacation accruals based on their percentage of employment on the last day of the payroll period. For example, a full-time employee who moves to a 50% part-time position in the middle of the payroll period accrues vacation at the 50% rate for the entire biweekly payroll period.

R-6

Employees eligible for vacation bonus days whose percentage of employment changes prior to their vacation anniversary date are credited with vacation bonus days based on their percentage of employment on their vacation anniversary date. A 40-hour per week employee who worked full time for three years and became a 50% employee during the fourth year of service receives four prorated vacation bonus days (16 hours) based on his/her 50% employment on the fourth anniversary date. (See Appendix D for additional information.)

Anniversary Date for Vacation Purposes

The date of original appointment is the anniversary date for vacation purposes for annual salaried employees hired on or after January 3, 1957 except as adjusted because of a leave of absence without pay or a period between separation and reinstatement or reemployment in excess of six months.

See related contract provisions in 26.1, C-3

If following a leave of absence without pay of more than six months, or a separation of more than six months duration, a person is:

restored to the payroll at any time following the leave of absence (not separation), or
reinstated or reemployed within one year of the date of separation, or
reinstated or reemployed at any time from a preferred list, or while eligible for reinstatement from a preferred list, or
reinstated at any time by action of the Civil Service Department or Commission in accordance with Section 5.4 of the Civil Service Rules or Sections 71 or 73 of the Civil Service Law,

the anniversary date for vacation purposes is adjusted as follows:

Determine the duration of the leave of absence without pay or the period of separation (calendar months and days).

R-7

Add the number of months and days of the leave or separation to the employee's vacation anniversary date as of date of leave or separation. The result is the adjusted anniversary date for vacation purposes.
Example: An employee with a vacation anniversary date of 7/1/70 is on leave without pay from 6/25/75 to 8/1/76, a total of 13 months and 8 days. Adding 13 months and 8 days to 7/1/70 adjusts the vacation anniversary date to 8/9/71 and on 8/9/76 the employee is credited with 5 bonus days of vacation.

The anniversary date for vacation purposes for a person who is reemployed following a separation of more than one year is the date of reemployment unless the person returns to the payroll under the conditions identified above.

For hourly and per diem employees who attain coverage under the Attendance Rules, the anniversary date for vacation purposes is the date the employee began the 19 consecutive payroll periods of qualifying service, except where such anniversary date is adjusted because of a leave of absence without pay or a period between separation and reinstatement or reemployment in excess of six months subsequent to attaining Rule coverage.

Advanced Vacation Bonus Days

During the second through seventh year of continuous service "bonus days" may be advanced on a prorated basis to cover necessary absences if no appropriate credits are available. Such advances are at the discretion of the appointing authority.

See related contract provisions in C-2, C-3

During the second through seventh years of continuous service payment in cash should be made on a prorated basis for "bonus days" in the event of layoff (other than termination of temporary service), military leave (for other than training purposes) or death of an employee.

Additional vacation credits are prorated on the basis of the number of pay periods of continuous service completed by the employee since the last date "bonus days" were credited.

The amount of additional vacation credits which may be advanced or paid may be determined by use of the following formula:

R-8

Number of complete pay periods of
service since last anniversary date

Number of bonus days earned
on last anniversary date

The resultant figure will be in terms of days and fractions of days. These may be converted to hours or fractions of hours pursuant to the current practice of each individual agency and dependent upon the normal working day of the employee involved.

The cumulative total of additional vacation credits advanced between anniversary dates may not exceed the number of additional vacation days credited on the last vacation anniversary date.

Maximum Accumulation of Vacation Credits

No employee may accumulate more than 30 days of vacation credits. Each agency is responsible for informing its employees of this maximum limit on accumulations.

See related contract provisions in C-6

The appointing authority must notify the employee, in writing, when such accumulated credits total 25 work days. Notification on the time card on which the employee keeps a record of his/her accumulated credits may be considered such written notice to the employee.

See related contract provisions in C-8

Employees who attain 30 days of vacation credits do not earn any vacation until this balance is reduced below the 30-day maximum. All credits an employee would have earned if he/she did not have a balance of 30 days are lost to that employee. No employee can be credited with such lost credits after his/her accumulated balance is reduced below the maximum.

See related contract provisions in C-6

When credits are restored under Rule 21.8 (Workers' Compensation Leave) and such restoration causes the total vacation credits to exceed 30 days, a period of one year from the date of the restoration of the credits or the date of return to service, whichever is later, is allowed to reduce the total accumulation to 30 days. During this period, employees continue to accrue.

It is the responsibility of each agency to schedule vacation in such a manner as to ensure that no employee loses any vacation because of reaching the maximum accrual. Accordingly, employees should not be permitted consistently to maintain a high balance of credits.

See related contract provisions in C-8, C-10, C-12

R-9 Military Leave of Absence

Employees on military leave of absence without pay do not earn vacation credits.

Military leave of absence is counted as continuous service in crediting "bonus days." On return from military service, an employee earns vacation credits commensurate with his/her total service including time spent on military leave and is credited with "bonus days" on his/her first anniversary date following his/her return from leave.

For example, an employee enters State service on February 1, 1980. After receiving one "bonus day" on February 1, 1981, he/she enlists and serves two years in the military. He/She returns on April 1, 1983. No "bonus days" are credited to him/her until February 1, 1984 when he/she will receive four. The employee's anniversary date is not adjusted and remains February 1, 1980.

If an annual salaried employee enters military service prior to completion of the required 13 biweekly pay periods which would make him/her eligible to earn and accrue vacation credits, or a per diem or hourly paid employee enters military service prior to the completion of the required 19 pay periods, such military service is counted as completed pay periods for this purpose when he/she returns. However, he/she may be credited with vacation only for those pay periods he/she was actually on the payroll for 7 of the 10 work days.

Use of Vacation Credits

The use of vacation credits is subject to the prior approval of the appointing authority.

See related contract provisions in C-6

[See also 26.3, Policy Bulletin 08-04, 2007-2011 Negotiated Agreements (CSEA), Vacation Use, P-2]

The appointing authority is authorized to schedule vacation for the convenience and efficient operation of the agency. However, employee needs and wishes in this matter should be considered.

See related contract provisions in C-8, C-10, C-12

It is recommended that each employee take one vacation of at least two weeks duration each year, if accrued credits are available.

See related contract provisions in C-10, C-12

R-10

Normally, vacation credits are not available for use until the completion of the pay period in which they were earned and, in no event, prior to completion of the required seven work days in full pay status except at the discretion of the appointing authority to avoid need for a payroll deduction because of leave without pay.

See related contract provisions in C-2

Transfer of Vacation Credits

All earned and unused vacation credits are transferred with an employee when:

See related contract provisions in C-2, C-8

he/she moves from a position covered by the Attendance Rules to another position also covered by the Attendance Rules, or
he/she moves to or from a position covered by the Attendance Rules to or from a position in an agency with which a prior reciprocal agreement has been made between such agency and the Department of Civil Service (see Section 24.1, "Written Agreement Required for Transfer of Leave Credits," of this Manual), or
he/she moves to or from a position covered by the Attendance Rules to or from a position in the professional service of State University (professional service as defined in Subdivision 3, Section 355(a) of Education Law and placed in unclassified service by Section 35(h) of Civil Service Law). Although some employees in the unclassified service of State University of New York do not accrue vacation and thus will not have vacation accruals to transfer, they should upon transfer be given a vacation anniversary date commensurate with their total State service and they are eligible to accrue and use vacation credits based upon that date.

Vacation credits transferred upon movement from a position with a basic workweek of
37 1/2 hours to a position with a basic workweek of 40 hours, or vice versa, should be converted to reflect the new workweek. 225 hours (30 days) vacation earned in a position with a 37 1/2 hour workweek converts to 240 hours for a 40 hour workweek. If the vacation credits transferred are expressed in terms of days, the receiving agency can readily convert them to the appropriate number of hours.

R-11

Vacation credits transferred upon movement between full-time and part-time items (with the same basic workweek of 37 1/2 or 40 hours) should not be converted but should be transferred in hours without increase or decrease. If such transfer causes the employee to exceed the maximum accruals allowed in the part-time item, he/she should not be deprived of credits earned but should not be credited with additional vacation until his/her accruals are reduced below the allowable maximum in that item. If the movement involves items with different basic workweeks (e.g., a full-time item with a 37 1/2 hour workweek to a 1/2 time 1/2 pay item with a 20 hour workweek), vacation should be converted as described above and then transferred in hours. (See Appendix D for additional information.)

Restoration of Unused Vacation Credits

Employees (including retirees) reinstated or reemployed in a State agency within one year of separation, or reinstated at any time by action of the Civil Service Commission or while on a preferred list shall have all earned and unused vacation credits restored to them by the employing agency provided these employees have not received payment for such credits.

See related contract provisions in C-2

Employees who elected not to receive a lump sum payment for accrued vacation upon appointment to the unclassified service and who subsequently return to the classified service (without any break in State service exceeding one year) are entitled to have such unused vacation credits restored to them. (Service in the unclassified service does not constitute a break in State service.)

Employees who were denied payment for unused vacation credits because of failure to give two weeks' notice upon resignation shall have such credits restored if reemployment or reinstatement occurs within one year or if reinstatement occurs at any time by action of the Civil Service Commission.

Revision History	TM-6 - January 1991
R-9	No Substantive Changes
R-1 through 8, 10, 11	New or Revised Material

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