Appendix G-Unified Court System (Office of Court Administration)

Attendance and Leave Manual

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

PARTIES: New York State Department of Civil Service
and
State of New York - Unified Court System (Office of Court Administration)

PURPOSE: To facilitate the movement of employees to and from state-paid positions subject to collective agreements negotiated by the Unified Court System and employee organizations representing Unified Court System Employees in accordance with Article 14 of the New York State Civil Service Law or subject to time and leave rules of the Chief Judge of the Court of Appeals and positions subject to the Attendance Rules for Employees in New York State Departments and Institutions and to govern the transfer of leave and service credits upon such movements.

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 State-paid position subject to a collectively negotiated agreement covering employees in the Unified Court System or a position subject to time and leave rules of the Chief Judge of the Court of Appeals and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Unified Court System or the State department or agency in the Executive Branch to which the employee moves shall credit such employee with all of his/her accumulated and unused sick leave as of the effective date of separation from the releasing agency; provided, however, that sick leave accruals for which the employee has been or will be compensated or otherwise reimbursed in accordance with the terms of a collectively negotiated agreement shall not be credited and provided, further, that sick leave accruals which exceed the maximum accumulation applicable to the position to which the employee moves shall not be credited and provided, further, that no sick leave shall be credited in any case where the employee is appointed or otherwise employed more than one year following separation from State service except where such employee is reinstated by action of the State Civil Service Commission or the Unified Court System or is reinstated or reemployed from a preferred list. Sick leave shall not be credited to employees separated for disciplinary reasons.

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B. Vacation - Annual Leave

Upon movement of an employee between a State-paid position subject to a collectively negotiated agreement covering employees in the unified Court System or a position subject to time and leave rules of the Chief Judge of the Court of Appeals and a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, the Unified Court System or the State department or agency in the Executive Branch to which the employee moves shall credit him/her with accumulated and unused vacation or annual leave as of the effective date of such employee's separation from the Unified Court System or State department or agency; provided, however, that vacation or annual leave in excess of ten days, and vacation or annual leave for which the employee has been or will be compensated pursuant to the terms of a collectively negotiated agreement, shall not be credited, and provided also that the employee shall be compensated in cash for vacation and annual leave accumulations in excess of ten days in accordance with appropriate provisions of applicable rules and/or collectively negotiated agreements 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 the Executive Branch or the Unified Court System or where the separation was for disciplinary reasons.

C. Personal Leave

Upon movement of an employee from the Unified Court System to a position subject to the Attendance Rules for Employees in New York State Departments and Institutions, such employee shall be credited with personal leave as provided in those rules and the effective date of such movement shall be the employee's personal leave anniversary date. Personal leave shall not be credited upon movement to the Unified Court System.

D. Crediting of Service

For purposes of applying the various provisions of the Attendance Rules for Employees in New York State Departments and Institutions and the time and leave rules of the Chief Judge of the Court of Appeals, and for purposes of applying various provisions of applicable collectively negotiated agreements concerning time and leave matters to employees who move to and from positions subject to those rules and agreements, service in the Judicial Branch...

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...of New York State government shall be credited as service in the Executive Branch and service in the Executive Branch as service in the Judicial Branch.

E. Certification of Leave Credits

Vacation, annual leave and sick leave shall not be credited by either party to this agreement except upon certification by appropriate administrative authority that such credits were earned and accumulated in accordance with appropriate rules or agreements as described herein.

EFFECTIVE DATE AND TERMINATION
OF AGREEMENT: This agreement shall be effective on the twentieth day after it has been signed by both the Chief Administrator of the Courts 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. Each party shall furnish the other with (1) an official copy of its rules and regulations governing matters of attendance and leave and (2) all applicable collective bargaining agreements by no later than the effective date of this agreement and, thereafter, shall also furnish copies of all amendments and revisions made therein.

12/18/80 ---------- Date	/s/ Victor S. Bahou ------------------------------ President New York State Civil Service Commission
12/12/80 ---------- Date	/s/ Herbert B. Evans ------------------------------ Chief Administrator of the Courts

TM 32 - No Substantive Changes - June 2009

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