Appendix G - New York State Assembly

Attendance and Leave Manual

Appendix G - Reciprocal Agreement on Transfer of Leave and Service Credits

PARTIES: New York State Department of Civil Service
and
Waterfront Commission of New York Harbor

PURPOSE: To facilitate the movement of employees to and from positions subject to the Attendance Rules for Employees in New York State Departments and Institutions and the Time and Attendance Policies for Employees of the Waterfront Commission of New York Harbor (WCNYH).

TERMS: It is hereby agreed that leave and service credits shall be transferred and accepted as provided below.

A. Sick Leave

Upon movement of an employee between a position subject to the Time and Attendance Policies for Employees of WCNYH and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, up to 225 days shall be transferred in the same manner and subject to the same restrictions and limitations as would apply if such movement were between two positions subject to the Attendance Rules for Employees in New York State Departments and Institutions. No sick leave shall be so credited where the employee is appointed or otherwise employed more than one year following separation from WCNYH or State department or agency.

B. Vacation Leave/Annual Leave

Upon movement of an employee between a position subject to the Leave Policies for Employees of WCNYH and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, WCNYH or the State department or agency to which the employee moves shall credit such employee with all accumulated and unused vacation/annual leave accruals as of the effective date of separation from the releasing agency; provided, however, that vacation/annual leave accruals in excess of 20 days shall not be credited and provided also that the employee shall be compensated in cash for days in excess of 20 days in accordance with appropriate provisions of applicable rules covering the position from which the employee moves. No vacation or annual leave shall be so credited where the employee is appointed or otherwise employed more than one year following separation from WCNYH or State department or agency.

C. Vacation/Annual Leave Accrual Rate and Vacation/Annual Leave Anniversary Date

For purposes of determining the rate at which vacation/annual leave is earned and accumulated and for purposes of determining additional or bonus vacation/annual leave to be credited on the vacation/annual leave anniversary date for an employee who moves from WCNYH to a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, or from a position in the classified service of the Executive Branch of State service to a position in WCNYH, service with WCNYH shall be credited as State service and service in the classified or unclassified service of the Executive, Legislative or Judicial branch shall be credited as service with WCNYH.

The employee shall retain or be assigned a vacation/annual leave anniversary date in the same manner and subject to the same limitations as would apply if such movement were between two positions subject to Attendance Rules for Employees in New York State Departments and Institutions.

D. Crediting of Service

For purposes of applying the various provisions of the Time and Attendance Rules for Employees of WCNYH or the Attendance Rules for Employees in New York State Departments and Institutions to employees who move to and from positions subject to those rules and those policies, previous service with WCNYH shall be credited as State service and previous service in the classified or unclassified service of the Executive, Legislative or Judicial branch shall be credited as service with WCNYH.

EFFECTIVE DATE AND TERMINATION
OF AGREEMENT:

This Agreement shall be effective at the beginning of business on the day after it has been signed by both the Acting Executive Director/General Counsel of WCNYH and the President of the New York State Civil Service Commission. It may be terminated by either party upon giving 30 days' notice of such intent. WCNYH and the Commission shall furnish each other with an official copy of its rules and regulations governing matters of attendance and leave by no later than the effective date of this agreement and, thereafter, shall also furnish copies of all amendments and revisions made therein.

7/12/2023 -------------- Date	/s/ Timothy R. Hogues ----------------------------------------- Commissioner New York State Department of Civil Service
7/12/2023 -------------- Date	/s/ Phoebe Sorial ----------------------------------------- Acting Executive Director/General Counsel Waterfront Commission of New York Harbor

New or Revised Material - July 2023

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