N.Y. Comp. Codes R. & Regs. tit. 4 § 28-1.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 28-1.1 - Saturdays, sundays and holidays

(a) Saturdays and Sundays are normally allowed as days off, or days may be allowed in lieu thereof. A pass day is a day off in lieu of a Saturday or Sunday on which an employee is normally and regularly required to work.

(b) Holidays shall be allowed as days off, or days shall be allowed in lieu thereof.

(c) The days prescribed by law for the observance of New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as holidays. When a day observed as a holiday as provided herein falls on a Saturday or on an employee's pass day, the employee shall be allowed compensatory time off or another day shall be designated as a holiday in lieu thereof. In lieu of observance of the holidays enumerated herein on the days prescribed by law, the State may designate one or more of these holidays for observance on date or dates to be selected by the employee in accordance with guidelines issued by the Department of Civil Service.

(d) Compensatory time off in lieu of a holiday shall be credited as holiday leave. Employees shall be allowed reasonable opportunity to liquidate such leave time prior to separation, subject to program requirements and, in the case of resignation, subject to reasonable advance notice of such resignation.

(e) A part-time employee shall also observe holidays as provided herein, but such employee's total pay for a holiday shall be the amount which would have been due if such employee had been working regularly at his/her usual hours for such holiday. Such part-time employees shall observe only those holidays which fall on days they normally and regularly work or actually work; provided, however, that in the event a holiday falls on a Saturday and another day is not designated to be observed as the holiday, part-time employees eligible to observe holidays who are employed on a fixed schedule of at least half time and for whom Saturday is not a regular workday, but who are scheduled to work on the Friday immediately preceding such holiday, shall be granted holiday leave equivalent to the number of hours such employees are regularly scheduled to work on that preceding Friday, but not to exceed one-fifth the number of hours in the normal workweek of full-time State employees.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 28-1.1