N.Y. Comp. Codes R. & Regs. tit. 9 § 135.5

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

Section 135.5 - Determination of overtime earned

(a) Total hours worked shall include all the time worked by an officer or employee when required to be on duty or at a prescribed workplace and shall exclude all absences from duty and all time allowed for meals. For purposes of computing total hours worked in a week, time during which an officer or employee is excused from work because of holidays, sick leave at full pay, vacation, personal leave, compensatory time off or other leave at full pay shall be considered as time worked by the officer or employee. An eligible member of the security services unit authorized and scheduled to assemble for briefing prior to his tour of duty shall be considered to be on duty during time spent in each such briefing in excess of 10 minutes. Compensatory time off granted in the same workweek in which it is earned, except compensatory time off granted in lieu of a holiday worked in such workweek, does not add to the total hours worked and is not to be construed as time worked by an officer or employee.

(b)

(1) Each time an employee is recalled to work overtime after having completed his scheduled work period and left his schedule work station, he shall be considered to have worked, for the purpose of computing overtime credits, a minimum of one-half day provided, however, that an employee in the security services unit, as established pursuant to article 14 of the Civil Service Law, so recalled as a result of a riot, prison break, fire or escape and not put to work shall be guaranteed one-quarter day's credit for the purpose of computing overtime compensation. If an employee entitled to a minimum of one-half day of overtime credits works such overtime for more than one-half day, the total time worked shall be used in computing the total hours worked.

(2) Each time an eligible member of the State police is scheduled and authorized to return and returns to duty to work overtime for the purpose of making an appearance in court after completing his regularly scheduled work period and leaving his regularly scheduled work station, he shall be considered to have worked, for the purpose of computing overtime credits, a minimum of two hours. If such employee works such overtime for more than two hours, the total time worked shall be used in computing the total hours worked.

(c) The smallest unit of time to be credited as overtime in any one day shall be one-quarter hour, except that when an eligible member of the security services unit is required to assemble for briefing prior to his tour of duty for a period in excess of 10 minutes, the smallest unit of time to be credited as overtime shall be one minute.

(d) Work performed on a Saturday, Sunday or holiday, as part of an officer's or employee's regular work schedule and not in excess of 40 hours per workweek, is not considered to be overtime under the provisions of section 134 of the Civil Service Law.

(e) Exchanging hours of work may be authorized as indicated in this subdivision.

(1) An appointing authority of any State department or agency, subject to the approval of the Director of the Budget, may permit eligible officers and employees permanently assigned to positions in locations requiring 24-hour a day coverage, to exchange hours of work with other employees in the same title doing the same type of work at the same location.

(2) The provisions of this subdivision shall not apply to those subject to the Federal Fair Labor Standards Act, covering employees of: hospitals and institutions primarily engaged in the care of the aged, the mentally ill or defective who reside on the premises; elementary and secondary schools; schools for mentally gifted or handicapped children; and institutions of higher education.

(3) Requests by eligible employees, pursuant to paragraph (1) of this subdivision, shall be made in writing on a form prescribed by the appointing authority and approved by the Director of the Budget, and submitted for approval to the appointing authority, or his designated representative, for each specific period of duty to be exchanged. In addition to such information as may be required by the appointing authority, such form shall include statements that:

(i) for the purpose of computing overtime, all hours worked pursuant to this subdivision shall be considered as hours worked by the employee originally scheduled to work such hours; and

(ii) the employee actually performing the hours worked in exchange waives any consideration of such hours for overtime compensation; and

(iii) the employees acknowledge that the exchange of hours is voluntary and that no employer obligation is incurred.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 135.5