.211 Section 130.6 authorizes applications for Shift Pay Differentials from appointing officers, employees, and employee organizations. Applications by appointing officers should be submitted in accordance with New York State Electronic Personnel (NYSTEP) procedures detailed in the NYSTEP/TPM User Manual. Applications by employees and employee organizations should be submitted in writing to the Director of the Division of Classification and Compensation.
.212 All requests should include detailed information and documentation regarding:
- Compensation practice among non-State employers, in the comparable geographic location, to pay shift differentials or other compensation for the occupation and shift under consideration.
- Pay provided by non-State employers (combination of base pay, shift differential, and other compensation) that results in total compensation that substantially exceeds the State's base pay.
- Evidence that an agency is experiencing difficulty in recruiting qualified employees for this work or that it has been losing employees to other employers for the same work on shifts other than the day shift.
- Attestation that the duties and responsibilities of employees in the title on the subject shift are comparable to those of employees in the same title who work on the day shift.
.221 Shift Pay Differentials may only be authorized for tours of duty that include four or more hours between 6 p.m. and 6 a.m. (This is the same definition used for Inconvenience Pay, see Subsection.225).
.222 Shift Pay Differentials may be approved for an occupation when it is determined that other employers pay higher salaries for similar shifts. An employee whose work schedule consists of both day and evening, or night shifts is eligible for a Shift Pay Differential on a pro-rated basis. Employees who work a schedule that covers two shifts with different Shift Pay Differential shall receive the higher amount if they work two or more hours on the shift with the greater amount. Employees who work compressed weeks receive the full differential if fifty percent of work hours on each shift are during the period covered by a shift differential. Otherwise, payment will be prorated for each day worked four or more hours on the shift covered by a differential. Employees who occasionally cover a shift eligible for a shift differential will receive payment for each day worked four or more hours on such shift.
.223 Shift Pay Differentials are a percentage of base salary, an hourly rate, an annual rate, or a fixed dollar amount per pay period. A Shift Pay Differential is not part of an employee's base annual salary.
.224 Shift Pay Differentials should not be confused with Inconvenience Pay, which is negotiated pay in addition to the base annual salary of an employee (other than part-time or seasonal employees) who regularly works four or more hours between the hours of 6 p.m. and 6 a.m., exclusive of any hours for which overtime compensation is paid. Managerial/Confidential (M/C) employees are eligible for Inconvenience Pay, which is paid to eligible employees in addition to Shift Pay Differentials.
.225 An employee does not retain a Shift Pay Differential when that employee ceases to be employed in the title, work shift, or location for which the Shift Pay Differential is authorized. Contact the Office of the State Comptroller's Payroll Unit regarding salary implications.
