Appendix G - Canal Corporation

Attendance and Leave Manual

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

PARTIES: New York State Department of Civil Service
and
New York State Canal Corporation

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 subject to the leave policies of the New York State Canal Corporation.

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

A. Personal Leave

Upon movement of an employee between a position subject to the Attendance Rules of the New York State Canal Corporation and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Canal Corporation or the State department or agency to which the employee moves shall credit him/her with the unused personal leave standing to his/her credit as of the date of such movement if he/she is transferred, promoted, reinstated, or otherwise employed within one year following the last date upon which personal leave was credited. If the employee is transferred, promoted, reinstated, or otherwise employed more than one year following the last date upon which personal leave was credited, such reinstatement or appointment shall be deemed to be a new entry into Canal Corporation or State service for purposes of crediting personal leave.

B. Personal Leave Anniversary Date

Employees who move from State service to the Canal Corporation initially retain their State personal leave anniversary date. When that date first occurs following movement to the Canal Corporation, they are credited within a prorated amount of personal leave corresponding to the length of time between that date and the following January 1 and their personal leave anniversary date is changed to January 1. The employee is then granted personal leave each year on January 1 as provided by the Canal Corporation's attendance rules and negotiated agreements. Employees who move from the Corporation to State service shall be credited with personal leave in the same manner and subject to the same restrictions and limitations as would apply if...

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... such movement were between two positions subject to the Attendance Rules for Employees in New York State Departments and Institutions.

C. Holiday Leave

Holiday leave credited for up to two holidays designated by the State or by the Canal Corporation as floating holidays shall be transferred 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. Holiday leave credited for holidays other than those designated as floating holidays shall not be transferred.

D. Sick Leave and Vacation

Upon movement of an employee between a position subject to the Attendance Rules of the New York State Canal Corporation and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Canal Corporation or the State department or agency to which the employee moves shall credit the employee with all of his/her accumulated and unused sick leave and vacation as of the effective date of separation from the releasing agency; provided, however, that vacation and sick leave accruals which exceed the maximum accumulation permitted under the attendance rules of the receiving agency shall not be credited, and provided, further, that sick leave and vacation shall not be credited in any case where the employee is appointed or otherwise employed more than one year following separation from State or Corporation service except where such employee is reinstated by the Civil Service Commission or from a preferred list or is reemployed while eligible for reinstatement from a preferred list. Sick leave shall not be credited to employees separated for disciplinary reasons.

E. Vacation Accrual Rate and Anniversarv Date

For purposes of determining the rate at which vacation is earned and accumulated and for purposes of determining additional or "bonus" vacation to be credited each year in the payroll periods that include January 1 and July 1 for an employee who moves from State service to the Canal Corporation within one year following the date of separation from State service or while eligible for reinstatement from a preferred list, or who is reinstated by the...

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... Civil Service Commission, State service shall be credited as Corporation service in the same mariner and subject to the same limitations as would apply if such service were rendered with the Corporation.

Upon similar movement of an employee from the Canal Corporation to State service, Corporation service shall be credited as State service in the same manner and subject to the same limitations as would apply if such service were rendered with the State and the employee will be assigned a vacation anniversary date consistent with this total service.

F. Crediting of Service

For purposes of applying the various provisions (e.g., eligibility for sick leave at half-pay) of the Attendance Rules of the New York State Canal Corporation and the Attendance Rules for Employees in New York State Departments and Institutions to employees who move to and from positions subject to those rules, previous service with the Canal Corporation 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 the Canal Corporation.

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EFFECTIVE DATE AND TERMINATION
OF AGREEMENT: This agreement shall be effective on the day after it has been signed by both the Chairman of the New York State Canal Corporation and the President of the New York State Civil Service Commission. It may be terminated by either party upon giving a least 30 days' notice of such intent. Each party shall furnish the 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.

4/29/97 ---------- Date	George C. Sinnott ------------------------------------- President New York State Civil Service Commission
4/16/97 ---------- Date	Howard Steinberg ------------------------------------- Chairman New York State Canal Corporation

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TM 32 - New or Revised Material - June 2009

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