Suspension of Rules (Part 25)

Section 25.1 - Suspension of Rules

C-1 Absence - Extraordinary Circumstances

Negotiating Units:

• Administrative Services Unit Article 10.11
• Institutional Services Unit Article 10.13
• Operational Services Unit Article 10.15
• Professional, Scientific & Technical Services Unit Article 12.13
• Rent Regulations Services Unit Article 12.12
• Security Services Unit Article 14.7
• Security Supervisors Unit Article 14.7
• (Seasonal employees in the three CSEA units)
• (Seasonal employees in the PS&T unit)

Effect:

These contract articles provide that early departures due to extraordinary circumstances beyond the employee's control, directed by the appointing authority, should not be charged to leave credits.

For ASU, ISU, OSU, RRSU and PS&T Unit employees, these articles include directed early departures related to weather conditions. (See Section 21.7, Leave for Extraordinary Weather Conditions, page 1[R-1].) For the Security Services and Security Supervisors Units, early departures due to weather conditions are specifically excluded. Other than provisions related to weather conditions, the contracts in all seven units provide the same leave privilege for directed early departures already provided by the Attendance Rules and interpretations.

The impact of these articles, for employees in all units listed above, is to extend this leave provision to all employees in these units regardless of Attendance Rules coverage. In addition, for employees in these units, appointing authority determinations concerning whether time off shall be charged to leave accruals or excused where the employee is directed to leave work may be subject to contract grievance procedures. In that connection, it is important to note that the subject contract items do not, in any case, require or mandate that appointing authorities direct employees to leave work--such determinations are made at the discretion of the appointing authority.

The PS&T Services Unit and Rent Regulation Services Unit agreements also provide that employees shall be allowed leave with pay without charge to leave credits if the Governor declares a state of emergency and directs employees in the area affected by his/her declaration not to report for duty. It is not operative in any case where an "emergency"...

TM-1 - New or Revised Material - 1/3/87

C-2

...is declared by local officials only or where local officials take action to close local roads or highways.

Because of the different provisions contained in the negotiated agreements, because many State employees are required to work in non-air conditioned facilities, and because of the obvious impact of injudicious implementation of the subject items, employing agencies should exercise great care and discretion when faced with requests to send employees home because of extraordinary weather conditions or breakdowns in heating and cooling facilities. In cases where individual employees experience discomfort due to rising temperatures or humidity, supervisors are encouraged to accept requests from employees who elect to depart early and charge such absences to appropriate accumulated leave credits. This action may eliminate the need to direct employees to depart early in certain circumstances.

In any event, before any proposed directed early departure related to weather conditions or breakdowns in air conditioning facilities is announced by an agency, it should be discussed with staff of the Employee Relations Section, Program Evaluation and Development Division, Department of Civil Service, by the agency's Employee Relations Officer. The directed early departure of any group of employees does not create any right to equivalent time off for employees not directed to depart because they were not deemed adversely affected by the extraordinary circumstances or were already on leave with or without pay at the time of the directed early departure.

Employees who do not return to duty as directed following an office evacuation necessitated by such circumstances as a bomb threat should be required to charge such absence from duty, beginning with the time of the ordered evacuation, to leave credits.

TM-1 - New or Revised Material - 1/3/87

Revision History	TM-1 - 1/3/87
C-1 and C-2	New or Revised Material

Top