Appendix G-Thruway Authority

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 Thruway Authority

PURPOSE: To facilitate the movement of employees to and from positions subject to the Attendance Rules for Thruway Authority Employees and the Attendance Rules for Employees in New York State Departments and Institutions.

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

B. Vacation

Upon movement of a competitive class employee between a position subject to the Attendance Rules for Thruway Employees and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions by transfer in accordance with the provisions of Section 70 or Section 52(6) of the New York State Civil Service Law, Section 5.1 of the Civil Service Rules for the Classified Service, and Section 355 of the Public Authorities Law or by appointment from an interdepartmental promotion list, the Thruway Authority or the State department or agency to which the employee moves shall credit him with all of his accumulated and unused vacation as of the effective date of such transfer or promotion; provided,...

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...however, that vacation accruals which exceed the maximum accumulation permitted under the attendance and leave rules of the receiving agency shall not be credited. Upon any movement of a noncompetitive, exempt or labor class employee between such positions or upon movement of a competitive class employee by other than transfer or promotion, such employee shall be compensated in cash for his unliquidated vacation credits in accordance with appropriate provisions of the attendance rules or regulations in the agency from which he was separated.

C. Personal Leave

Upon movement of an employee between a position subject to the Attendance Rules for Thruway Employees and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Thruway Authority or the State department or agency to which the employee moves shall credit him with the unused personal leave standing to his credit as of the date of such movement if he is transferred, promoted, reinstated, or otherwise employed within one year following the last date upon which personal leave was credited to him; provided, however, that an employee who moves to the Thruway Authority may be credited with additional personal leave upon such movement when the date of movement, the elapsed time since personal leave was last credited, and the unused personal leave standing to his credit warrants the granting of such additional personal leave. If he is transferred, promoted, reinstated, or otherwise employed more than one year following the last date upon which personal leave was credited to him, such reinstatement or appointment shall be deemed to be a new entry into Thruway or State service for purposes of crediting personal leave.

D. Vacation Accrual Rate and Anniversary 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 on January 1 for an employee who moves from State service to the Thruway Authority by transfer, interdepartmental promotion, appointment from a preferred list or by reinstatement or appointment within one year following the date of separation from State service, State service shall be credited as Authority service in the same manner and subject to the same limitations as would apply if such service were rendered with the Authority. On January 1 next following the date of movement to the Authority and on each January 1 thereafter, he shall be credited with...

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...additional or "bonus" vacation in accordance with the Attendance Rules for Thruway Authority Employees; provided, however, that such additional vacation shall not be credited on the January 1 next following if the employee was last credited with additional vacation during the six-month period immediately preceding that date.

Upon similar movement of an employee from the Thruway Authority to State service, the employee shall retain his January 1 anniversary date and on the January 1 next following and on each January 1 thereafter shall be credited with additional or "bonus" vacation commensurate with such anniversary date and in accordance with the Attendance Rules for Employees in New York State Departments and Institutions.

E. Personal Leave Anniversary Date

Employees who move from State service to the Thruway Authority shall be credited with five days personal leave on January 1 following the date of movement to the Authority and on each January 1 thereafter. Employees who move from Authority 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 such movement were within State 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 for Thruway Employees 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 Thruway Authority shall be credited as State service and previous State service as Thruway Authority service.

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

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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.

3/23/67 ---------- Date	/s/ Ersa H. Poston ------------------------------ President New York State Civil Service Commission
4/3/67 ---------- Date	/s/ R. Burdell Bixby ------------------------------ Chairman New York State Thurway Authority

TM 32 - No Substantive Changes - June 2009

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