Advisory Memorandum No. 2002-06

Section 21.2 Vacation - December 2002

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TO: Manual Holders
FROM: William Doyle, Director Staffing Services
SUBJECT: Extension of Emergency Vacation Provisions

In accordance with the Memoranda of Understanding reached between the State and CSEA, PEF, DC 37, NYSCOPBA and Council 82, eligibility for Emergency Vacation has been extended for employees who perform military service related to the events of September 11, 2001 during the 26 pay periods immediately following the pay period that includes October 1, 2002. The Civil Service Commission is amending the Attendance Rules for Managerial/Confidential (M/C) employees to provide the same benefit for M/C employees. This memorandum sets forth guidelines for application of these new provisions.

Eligibility
These provisions apply to employees in the Administrative Services, Institutional Services, Operational Services, Professional Scientific and Technical Services, Rent Regulation Services, Security Services and Security Supervisors Units, as well as to those designated M/C.

Employees are eligible for extended coverage if, due to the events of September 11, 2001, they:

1. are, or continue to be, federally activated or activated by the Governor for military duty and perform such service at any time during the 26 pay periods immediately following the pay period that includes October 1, 2002; and
2. are identified by the appointing authority as performing such military duty for a period of time, which prevents the employee from liquidating vacation credits over 40 days prior to the date on which they would be forfeited.

Employees who do not perform qualifying military service after the end of the pay period that includes October 1, 2002 are not eligible for this extension. Such employees who were eligible to earn Emergency Vacation leave under the terms of the previous Memoranda of Understanding (MOU) described in Policy Bulletin 2001-03, Emergency Vacation Provisions, continue to be governed by those provisions.

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Benefit Description
Beginning with the pay period immediately following the pay period that includes October 1, 2002 eligible employees who have vacation credits in excess of the 40-day maximum shall record such time in a separate category called Emergency Vacation.

All vacation credits earned by eligible employees through the last day of the pay period that includes October 1, 2003 will be added to their Emergency Vacation balance whenever their accrued vacation credits exceed the 40-day maximum.

Regardless of the year(s) in which Emergency Vacation is earned, the Emergency Vacation category will have a maximum cap of fifty (50) days.

So long as employees remain eligible, all vacation credits charged through the last day of the pay period that includes October 1, 2003 will first be charged against the Emergency Vacation category until those credits are exhausted and then against regular vacation. Beginning in the pay period following October 1, 2003, the category charged will be at the employee's option.

Effective as of the pay period following the pay period which includes October 1, 2003 eligible employees will resume earning regular vacation. At that point, contract provisions regarding vacation credit maximum will apply to regular vacation.

For employees eligible for Emergency Vacation under this extension, all Emergency Vacation can be carried through September 30, 2004, including Emergency Vacation earned under previous Memoranda of Understanding.

This benefit will also apply to eligible employees who first exceed contract vacation maximums at any point during the 26 pay periods immediately following the pay period that includes October 1, 2002.

Eligible employees who are determined by the appointing authority to be no longer eligible to earn Emergency Vacation, and who are so notified, shall be permitted to maintain and charge any existing Emergency Vacation balances as agreed to herein, but shall not be allowed to add any additional vacation credits to their Emergency Vacation balances.

For employees in the Administrative Services, Institutional Services, Operational Services, Professional Scientific and Technical Services, Rent Regulation Services Units as well

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as for those designated M/C there shall be no threshold requirement that a leave request must either be made or denied before an employee becomes eligible to participate in this program.

Employees in the Security Services and Security Supervisors Units continue to be subject to contractual provisions (Article 14.2 (e)) requiring denials of a vacation request while at or approaching the vacation maximum in order to exceed the 40-day vacation maximum each time they reach that maximum. (Refer to Attendance and Leave Manual Section 21.2 for detailed guidelines on those contractual provisions.) Eligible employees in those units covered by this extension who are on ordered military duty in connection with the events of September 11, 2001 who did not have the opportunity to have a vacation request denied shall be treated as though a request for vacation had been denied in accordance with Article 14. 1 (e) of the Security Services and Security Supervisors Agreements.

All eligible employees continue to be subject to contractual provisions that limit the vacation lump sum payment upon separation to a maximum of 30 days. This is a combined maximum of regular vacation and Emergency Vacation. For example, an employee who has a regular vacation balance of 30 days will not be paid for any Emergency Vacation at time of separation, while an employee whose regular vacation balance at time of separation is 20 days may also be paid for up to 10 days of Emergency Vacation. In no event may employees receive payment for more than 30 days of vacation at time of separation.

Except as described above, provisions of the Attendance Rules and negotiated agreements regarding accrual, transfer and use of vacation credits apply to Emergency Vacation.

The provisions of the Memoranda of Understanding are not grievable.

Questions concerning information in this Bulletin may be directed to the Attendance and Leave Unit of this Department at  (518) 457-2295.

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