Policy Bulletin No. 1999-01
Section 21.2 Vacation - March 25, 1999
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TO: Attendance and Leave Manual Recipients
FROM: Commissioner George C. Sinnott
SUBJECT: Year 2000 (Y2K) Compliance Issues - Vacation Accruals for
Employees in CSEA and PS&T Units
DATE: March 25, 1999
In accordance with the Memoranda of Agreement reached between the
Governor's Office of Employee Relations and CSEA and PEF Regarding
Annual Leave for Employees Impacted by Y2K Compliance, employees in
the CSEA and PS&T units who are employed in positions directly
related to and essential for Y2K compliance have been granted temporary
relief from certain contractual limits on vacation maximums. This
memorandum sets forth guidelines for application of these new provisions.
Eligibility
The provisions apply to individuals in the CSEA and PS&T units
who are performing work directly related to and essential for Y2K
compliance. Such employees generally will be working in positions
contained in Budget Bulletin G-1027, Attachment A, dated April 7,
1998. However, inclusion of a title in that list does not mean that
an employee in that title is automatically eligible to participate.
Employees in such titles must be designated by their appointing authority
as performing work related to and essential for Y2K compliance to
be eligible. Further, eligibility is not limited to employees in titles
listed in Budget Bulletin G-1027; agencies have the discretion to
extend eligibility to employees in titles not included in such list
whose duties are directly related to and essential for Y2K compliance.
Employees in the CSEA units continue to be subject to contractual
provisions (ASU, OSU Article 10.5, ISU Article 10.6) requiring denial
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, pp.
C-6 and 7 for detailed guidelines on those contractual provisions.
Effective Date
Eligible employees in the PS&T and CSEA units will be covered
by these agreements beginning April 1, 1999.
P-2 - Benefit Description
PS&T and CSEA
When designated employees exceed the 40-day vacation maximum, the
requirement that credits in excess of the 40-day vacation maximum
must be exhausted prior to April 1 is temporarily waived. Instead,
the following provisions apply.
On April 1, 1999, vacation credits in excess of 40 days earned by
an eligible employee that otherwise would have been forfeited under
the contractual provisions, will be recorded and retained in a separate
leave category, "Special Vacation." Special Vacation shall
have a separate maximum cap of 50 days.
Employees who first exceed the 40-day regular vacation maximum after
April 1, 1999 but prior to the fourteenth pay period in FY 2000-01,
will become subject to these provisions at the point they exceed the
vacation maximum.
During the period of April 1, 1999 through the last day of the thirteenth
pay period in FY 2000-01, vacation credits earned by employees subject
to these provisions will be recorded as Special Vacation, provided
their regular vacation balance does not drop below 40 days.
During this period, all vacation absences must first be charged against
Special Vacation until those credits are exhausted. When Special Vacation
credits are exhausted, absences will be charged against regular vacation.
An employee who exhausts Special Vacation credits and drops below
the 40-day regular vacation maximum resumes earning regular vacation.
Once the 40-day regular vacation maximum is reached, the employee
again becomes eligible to earn Special Vacation during this period.
After the last day of the thirteenth pay period in FY 2000-01, employees
will no longer be eligible to earn Special Vacation. However, Special
Vacation credits may be carried until April 1, 2002, at which time
any such unused credits will be canceled. There is one exception to
the restriction that Special Vacation cannot be earned after the thirteenth
pay period in FY 2000-01. Employees whose vacation anniversary date
falls on or after the first day of the fourteenth pay period of FY
2000-01 and prior to April 1, 2001, shall have vacation bonus days
or additional vacation credit earned on their anniversary date added
to Special Vacation rather than to regular vacation, subject to the
50-day maximum on Special Vacation, regardless of their regular vacation
balance.
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Commencing with the fourteenth pay period in 2000-01, employees are
no longer required to liquidate Special Vacation before charging absences
to regular vacation. Employees may charge a vacation absence to Special
Vacation and/or regular vacation, at their option.
Beginning with the fourteenth pay period in FY 2000-01, vacation
earned will again be retained as regular vacation, except for vacation
bonus days or additional vacation credit earned on vacation anniversary
dates that fall after the beginning of the fourteenth pay period in
FY 2000-01 but prior to April 1, 2001, as described above. The contractual
provisions on vacation maximums remain applicable to regular vacation.
Employees must liquidate regular vacation in excess of 40 days prior
to April 1, 2001 or it will be forfeited.
During the period these special provisions are in effect, employees
who no longer meet the eligibility requirements for coverage under
these provisions (for example, because of a transfer, promotion or
new appointment to a position not deemed essential for Y2K compliance,
or because of a change in assignment in their current position) may
retain previously accrued Special Vacation until April 1, 2002, although
they are no longer eligible to earn Special Vacation.
Employees continue to be subject to contractual provisions, which
limit the vacation lump sum payment upon separation to a maximum of
30 days. This is a combined maximum of regular vacation and Special
Vacation. For example, an employee who has a regular vacation balance
of 30 days will not be paid for any Special Vacation at time of separation,
while an employee whose regular vacation balance at time of separation
is 20 days may be also be paid for up to 10 days of Special 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 Special Vacation. As described above, during the
period April 1, 1999 through the thirteenth pay period in FY 2000-01,
employees subject to these provisions are required to use available
Special Vacation first for absences chargeable to vacation credits.
M/C Employees
The Civil Service Commission will amend the Attendance Rules for
Managerial/Confidential Employees to provide a similar benefit for
eligible M/C employees, effective January 1, 2000. Guidelines for
eligible M/C employees will be issued after the Civil Service Commission
amends the Rules.
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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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