N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 28-1.2 - Vacation

(a) Employees in State service on January 2, 1957, or who were in State service before such date and who, after such date, are reinstated, or reemployed within one year after separation from State service, shall earn and accumulate vacation at the rates provided in this Chapter as in force and effect on the day preceding the effective date of this Article.

(b)

(1) Employees who enter State service on or after January 3, 1957 shall, upon completion of 13 biweekly pay periods of service, be credited with 61/2 days' vacation. Thereafter, each such employee shall earn and accumulate vacation credits at the rate of one-half day per biweekly pay period until such employee has completed seven years of continuous service. An employee shall not earn vacation credit for any biweekly pay period unless in full pay status for at least seven workdays during such biweekly pay period.

(2) A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also receive vacation as provided herein, but the total pay for such period of vacation shall be the amount which would have been due if such employee had been working regularly at his/her usual hours for such period.

(c) Employees who enter State service on or after January 3, 1957 shall also earn, and upon the completion of each full year of continuous service be credited with, additional vacation in accordance with the following schedule:

Completed years of continuous service	Additional vacation credits
1	1 day
2	2 days
3	3 days
4	4 days
5	5 days
6	6 days
7	7 days

(1) During the second through the seventh years of continuous service, credits not to exceed the number of additional vacation credits earned for the previously completed year of service, and in proportion to the number of pay periods served during the current year, may be advanced to an employee to cover necessary absences where no other credits are available. Compensation shall be granted for these credits in the event of layoff, military leave or death of an employee.

(2) After the anniversary date on which an employee has been credited with seven days of additional vacation credits, such employee shall thereafter earn vacation for completed biweekly pay periods at a rate which will equal 20 days for 26 such pay periods.

(3) Employees having 20 or more years of continuous State service shall receive additional vacation credit as follows:

Completed years of continuous service	Additional vacation credits
20 to 24	1 day
25 to 29	2 days
30 to 34	4 days
35 or more	5 days

An employee shall receive additional vacation credit on the day on which such employee would normally be credited with such additional vacation in accordance with the above schedule, and shall thereafter be eligible for additional vacation credit upon the completion of each additional 12 months of continuous State service.

(d)Continuous State service for the purpose of this section shall mean uninterrupted State service, in pay status, as an employee. A leave of absence without pay, or a resignation followed by reinstatement or reemployment in State service within one year following such resignation, shall not constitute an interruption of continuous State service for the purposes of this section; provided, however, that leave without pay for more than six months or a period of more than six months between resignation and reinstatement or reappointment, during which the employee is not in State service, shall not be counted in determining eligibility for additional vacation credits or in computing continuous State service under this section.

(e)

(1) Except as provided in paragraphs (3) and (4) of this subdivision, vacation credits earned as provided herein may be accumulated without limitation, provided they do not exceed 40 days as of the first day of any calendar year.

(2) The appointing authority shall notify employees, in writing, of the total amount of their unliquidated vacation credits when such credits total the equivalent of 35 workdays.

(3) Employees designated by the appointing authority as performing work related to and essential for Year 2000 compliance efforts, shall be eligible to earn special vacation credits as follows:

(i) Eligible employees who have vacation credits in excess of 40 days on January 1, 2000, shall be eligible to retain such excess credits as special vacation. Additionally, all vacation credits which an eligible employee earns from January 1, 2000 through the end of the 13th pay period in fiscal year 2000-2001, shall be retained as special vacation, whenever such employee's vacation credits exceed 40 days.

(ii) Any absences during the period from January 1, 2000 through the end of the 13th pay period in fiscal year 2000-2001 which would be charged to vacation shall be charged against special vacation first, until such credits are exhausted.

(iii) Bonus days and additional vacation credit granted on vacation anniversary dates that occur between the first day of the 14th pay period in fiscal year 2000-2001 and December 31, 2000, shall be credited as special vacation.

(iv) Special vacation may not be accumulated in excess of 50 days and all special vacation accumulated and unused on January 1, 2002 shall be forfeited. Nothing provided herein shall increase the limits contained in Part 30 of this Title on the number of days of vacation which may be compensated at time of separation from State service.

(4)

(i) An employee who, because of the events of September 11, 2001, is performing work in duty status that is directly related to activities associated with New York State's response to the World Trade Center disaster; or has vacation canceled or denied by the appointing authority; or is on approved paid leave to serve as an emergency volunteer; or is federally activated or activated by the Governor for military duty; during the period from September 11, 2001 until the end of the pay period that includes October 1, 2002; and, in addition to the foregoing, is identified by the appointing authority as having performed such activities for a period of time, prior to the date on which his or her vacation credits in excess of 40 days would be forfeited, which prevented the employee from liquidating such excess vacation credits, shall be eligible to earn and charge emergency vacation credits as follows: employees who have vacation credits in excess of 40 days on January 1, 2002, shall be eligible to retain such excess credits as emergency vacation. Additionally, all vacation credits which an eligible employee earned from January 1, 2002 through the last day of the pay period that includes October 1, 2002, shall be retained as emergency vacation, whenever such employee's vacation credits exceed 40 days. Any absences during the period from January 1, 2002 through the last day of the pay period that includes October 1, 2002 which would be charged to vacation shall be charged against emergency vacation first, until such credits are exhausted. Employees, except for individuals who gain coverage pursuant to subparagraph (ii) of this paragraph may charge vacation against any available vacation leave or emergency vacation leave credits at the employees' option, beginning with the pay period following the pay period that includes October 1, 2002. All emergency vacation accumulated by employees who do not gain coverage under subparagraph (ii) of this paragraph, which remains unused on October 1, 2003, shall be forfeited.

(ii) An employee who, because of the events of September 11, 2001, continues to be or is federally activated or activated by the Governor for military duty, and performs such service at any time during the 26 pay periods immediately following the pay period that includes October 1, 2002, and, in addition to the foregoing, is identified by the appointing authority as having performed such activities for a period of time, prior to the date on which his or her vacation credits in excess of 40 days would be forfeited, which prevented the employee from liquidating such excess vacation credits, shall be eligible to earn emergency vacation credits as follows: Commencing with the pay period immediately following the pay period that includes October 1, 2002, eligible employees who have vacation credits in excess of 40 days shall be eligible to retain such excess credits as emergency vacation. Additionally, all vacation credits which and eligible employee earns from the pay period immediately following the pay period that includes October 1, 2002, through the last day of the pay period that includes October 1, 2003, shall be retained as emergency vacation, whenever such employee's vacation credits exceed 40 days. Any absences of eligible employees commencing with the pay period immediately following the pay period that includes October 1, 2002 through the last day of the pay period that includes October 1, 2003, which would be charged to vacation shall be charged against emergency vacation first, until such credits are exhausted, and then against vacation. Beginning with the pay period following the pay period which includes October 1, 2003, an eligible employee may charge vacation against any available vacation leave or emergency vacation leave credits, at the employee's option. Eligible employees who have earned emergency vacation at any time beginning with the pay period immediately following the pay period that includes October 1, 2002, can retain and use all emergency vacation earned pursuant to this paragraph until October 1, 2004. All emergency vacation accumulated and unused on October 1, 2004 shall be forfeited.

(iii) Regardless of the year(s) in which emergency vacation is earned pursuant to this paragraph, emergency vacation may not be accumulated in excess of 50 days. Nothing provided herein shall increase the limits contained in Part 30 of this Title on the number of days of vacation which may be compensated at the time of separation from State service.

(f) Vacation credits may be used in such units of time as the appointing authority may approve, but the appointing authority shall not require that vacation credits be used in units of greater than one-quarter hour.

(g) The time at which vacation may be drawn by an employee shall be subject to the prior approval of the appointing authority.

(h) So far as practicable, vacation credits shall be used prior to appointment, promotion or transfer to another department, agency or institution. The department, agency or institution to which an employee is appointed, promoted or transferred shall credit such employee with all accumulated vacation credits not used prior to such appointment, promotion or transfer.

(i) An employee paid on an hourly or per diem basis who qualifies for coverage under this Chapter on the basis of nine months of continuous employment which began prior to January 3, 1957, the effective date of this Chapter, shall earn and accumulate vacation at the same rates as apply to annual salaried employees who were in service prior to such date. Other per diem and hourly paid employees shall earn and accumulate vacation at the same rates and subject to the same conditions as apply to annual salaried employees who enter State service on or after January 3, 1957; and, for the purpose of determining eligibility for additional vacation credits, each such employee shall be credited with all years of continuous service rendered from the beginning of the first nine months of service by which such employee qualified for coverage under this Chapter. Every per diem and hourly paid employee not otherwise allowed vacation under this Chapter because of anticipated eligibility shall, on the date on which such employee becomes subject to this Chapter, be credited with the number of days of vacation which the employee would have earned during the preceding nine months if such employee had been subject to this Chapter during such period, less the number of days of paid vacation which were granted to the employee during such nine-month period, except that no deduction shall be made for vacation drawn during such nine-month period which was earned prior thereto in accordance with an established departmental policy.

N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.2