Accruing Annual (Vacation) Leave
State employees accrue between 13 and 25 days of annual leave per year, depending on unit, years of service, and date of hire. Annual leave can be used after 13 pay periods of time records eligible service. To earn vacation credits employees must work at least 70% of their regular schedule in a pay period. Vacation credits may be accumulated up to a maximum of 40 days. An employee is entitled to payment of up to 30 days of accrued Annual Leave in the event of death, retirement or separation from State service.
Some of the agreements provide that an employee may exceed the maximum vacation accumulation during the fiscal or calendar year, provided that the balance does not exceed the maximum at the end of such year. The fiscal year for CSEA and PEF covered employees at the University begins April 1.
Use of Vacation Credits
Employees must obtain prior supervisory approval to use vacation credits. However, there is no restriction on what vacation may be used for. A supervisor may not arbitrarily or unreasonably deny an employee's properly submitted request for vacation time off. A supervisor may, however, withhold authorization when the resulting absence would have a negative effect on departmental operations.
Regular compensatory time is earned if a 37.5 hour employee is required to work beyond the scheduled work hours. Compensatory time is earned from 37.5 hours to 40 hours. Overtime pay is paid after 40 hours are worked in a workweek unless enrolled in an Over40 Comp Time Program (see below). The workweek is Thursday through Wednesday.
Over40 Comp Time II Pilot Program and Enrollment Form
All accrued compensatory time must be used by the close of the fiscal year in which it was earned. For example, compensatory time earned between April 1, 2017 and March 31, 2018 must be used by March 31, 2019.
State employees receive 12 paid holidays per year, two of which the State may designate as floating holidays for most employees (not PBANYS or NYSCOPBA represented employees). The designation of floating holidays must be announced in April of each fiscal year. If a holiday is so designated, it should be treated as a regular work day. On the date of the holiday, employees in full pay status are credited with a 7.5 or 8 hour floating holiday as appropriate. Employees may use floating holidays subject to agency procedures for requesting time off. Floating holidays must be earned in units of a standard workday, but may be charge in ¼ hour increments.
Earning Holiday Leave
If a holiday falls on a Sunday, the following Monday is designated as the date of observance. If a holiday falls on a Saturday, the State may designate another day to be observed as the holiday. If a holiday falls on a full time employee's regular day off (pass day), the employee is entitled to receive holiday leave in the amount of the employee's standard workday. An employee who is required to work on a holiday will receive holiday pay unless they waived this option in order to receive holiday compensation time instead. Holiday pay waivers cover all holidays falling during the period of the waiver (April1- March 31), and may not changed for an individual holiday. Part-time employees earning accruals, including hourly, are entitled to holiday pay for holidays falling on their regular work schedule only.
Holiday Leave Accumulation
Generally, employees are not entitled to compensation for unused accrued holiday leave upon separation from State employment. However, in the Security Services Unit and the Security Supervisors Unit, the time is added to accrued vacation credits and the rules concerning liquidation of vacation credits apply to liquidation of holiday credits. In addition, some of the contracts require that holiday leave be used within one year after it is earned or be forfeited. Accordingly, supervisors should encourage employees to use holiday leave as soon as possible after it is earned.
Use of Holiday Leave
The use of holiday leave is subject to prior supervisory approval, consistent with the operating needs of the agency. As with personal leave and annual leave credits, such authorization should not be unreasonably or arbitrarily withheld.
The part-time employee who works on a holiday is entitled to credit for all hours worked up to a maximum of one shift, regardless of the regular schedule. For example, an employee whose regular schedule is 4 hours on Monday and who is required to work 8 hours on a holiday is credited with 8 hours worked. Employees who are regularly scheduled to work on Fridays are eligible for holiday leave for a holiday that falls on Saturday.
Holiday Waiver Form
NYSCOPBA/PBANYS Additional Form
HOURLY PAID EMPLOYEES
- Must work a regular schedule of at least 50% to be eligible to earn.
- Earnings credited after 19 complete pay periods - personal leave as of the 20th pay period, sick & annual retroactive to hire date. If more that one pay period falls below 50%, count starts over. Exception: if previously covered by Time & Attendance Rules within the last year (i.e. a rehired retiree) accruing begins immediately at a prorated amount of prior earnings. Also, any prior sick leave and unpaid annual leave balances are restored.
- If working less than 50% but were previously covered by Time & Attendance Rules within the last year (i.e. a rehired retiree), any prior sick leave and unpaid annual leave balances are restored and can be charged even though currently ineligible to earn additional accruals.
- Accruals are prorated based on work percentage.
Classified service employees receive 5 days of personal leave a year, depending on bargaining unit, date of hire, and years of service (prorated for part-timers). This leave is intended to cover absences for reasons such as religious and personal business. It may also be used as vacation.
Personal leave is not cumulative. Any unused amount expires at the close of business the day before the individual's personal leave anniversary date.