Can I Designate Vacation for Staff in Nys
24.1 Application
24.2 Attendance
24.3 Annual leave
24.4 Sick leave
24.5 Workers' compensation leave
24.6 Other leaves with pay
24.7 Leaves without pay
24.8 Workweek
24.9 Holidays
24.10 Overtime meal allowance
24.11 Payment for accruals upon separation
24.12 Written agreement required for transfer of leave credits
24.13 Retroactive time credits
24.14 Suspension of rules
Section 24.1 Application.
(a) Except as otherwise provided in this section the provisions of this Part shall apply to all nonjudicial employees of the State-paid courts and court- related agencies of the Unified Court System who are not represented for purposes of collective negotiations pursuant to article 14 of the Civil Service Law. Only employees who are compensated on a full-time annual salary basis, and employees who are compensated on a part-time, per diem or hourly basis who are employed at least half time and who are expected by the deputy chief administrator for management support to be so employed continuously for nine months without a break in service exceeding one full payroll period, shall be eligible to observe holidays pursuant to section 24.9 of this Part and to accrue annual leave and sick leave pursuant to sections 24.3 and 24.4 of this Part and shall be eligible for leaves with pay or leaves without pay pursuant to sections 24.4, 24.5, 24.6 and 24.7 of this Part. Such part-time, per diem or hourly paid employees shall be eligible to observe holidays and shall accrue annual leave and sick leave on a pro rata basis subject to the same limitations and restrictions as would apply if they were compensated on a full-time annual salary basis.
(b) Definitions. When used in this Part, the term administrative authority means:
(1) the clerk of the Court of Appeals with respect to nonjudicial employees of the Court of Appeals;
(2) the presiding justice of each appellate division with respect to nonjudicial employees of the appellate divisions and the courts and agencies which they supervise;
(3) the presiding judge of the Court of Claims with respect to nonjudicial employees of the Court of Claims;
(4) the deputy chief administrator for management support with respect to nonjudicial employees of the Office of Court Administration; and
(5) the deputy chief administrative judge having administrative jurisdiction over the court or agency in which the employee is employed, with respect to all other nonjudicial employees in the Unified Court System.
(c) An administrative authority may delegate any responsibilities set forth in this Part.
(d) No provision of this Part shall be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.
Historical Note
Sec. amds. filed: July 31, 1970; Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.2 Attendance.
(a) Record of attendance. All employees in the classified service of the Unified Court System shall maintain time and attendance records. These records shall be maintained in accordance with procedures established by the deputy chief administrator for management support. No time and leave credits shall be deemed earned for purposes of any provision of this Part unless accurate records of time and attendance have been kept in accordance with the procedures established by the deputy chief administrator.
(b) Tardiness. The Chief Administrator or his or her designee may establish rules and schedules of penalties for tardiness. Such penalties shall not preclude disciplinary action in cases of excessive tardiness. In the event of public transportation difficulties, strikes, severe storms or floods, or similar uncontrollable conditions affecting employees, tardiness may be excused by the administrative authority.
(c) The administrative authority shall excuse a reasonable amount of tardiness caused by direct emergency duties of duly authorized volunteer firefighters and volunteer ambulance drivers. The employee may be required to submit satisfactory evidence that lateness was due to such emergency duties.
Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.3 Annual leave.
(a) An employee shall be entitled to combined vacation, personal business and religious holiday leave of 20 workdays annually and, unless otherwise provided in this Part, shall be entitled on his or her anniversary date to one additional day for each completed year of continuous service in the Unified Court System up to a maximum of 27 workdays annually. Thereafter, such employee shall earn annual leave for completed biweekly pay periods at a rate equal to 26 days for 26 such pay periods, and also shall earn one additional day of annual leave on his or her anniversary date.
(b) An employee who has completed 25 years of service in the Unified Court System or the State shall be entitled on his or her anniversary date to one additional annual leave day each year.
(c) An employee who has completed 30 years of service in the Unified Court System or the State shall be entitled on his or her anniversary date to one additional annual leave day each year, in addition to the one additional annual leave day provided in subdivision (b) of this section.
(d) Employees who were officially entitled prior to April 1, 1977 to receive additional annual leave days and religious holiday leave days, and who have received such additional leave days continuously thereafter, may continue to receive such leave, provided that such leave is limited to a maximum of 30 annual leave days and three religious holiday leave days per year. Religious holiday leave days shall be credited on a calendar-year basis. Such days may be used only in the calendar year in which they are credited and may not be carried over from one calendar year to the next. Religious holiday leave days may be used only for recognized days of religious observance for which the faith requires its members to make religious observance.
(e) Employees entering the service of the Unified Court System shall be entitled to accrue annual leave from their initial date of hire. An employee shall not earn annual leave credits for any biweekly pay period unless he or she is in full-pay status for at least seven workdays during such biweekly pay period.
(f) A part-time, per diem or hourly paid employee eligible to earn annual leave credits pursuant to this Part shall earn annual leave credits as provided herein, but such employee's total pay when absent on such leave shall be the amount which would have been due if the employee had worked his or her usual number of hours or days during such period.
(g) The time at which annual leave may be drawn by an employee shall be subject to the prior approval of the administrative authority.
(h) Annual leave credits shall be used in units of not less than 15 minutes.
(i) No accumulation of annual leave credits in excess of 54 days may be carried over from one fiscal year to the next. Any such accumulation in excess of 54 days at the end of a fiscal year shall be converted into sick leave. The administrative authority may grant an employee specific permission to exceed the 54-day maximum for a period of no longer than one year where the needs of the court or agency require that the employee postpone his or her vacation.
(j) A leave of absence without pay, or a resignation followed by reemployment in the Unified Court System within one year following such leave of absence or resignation, shall not constitute an interruption of continuous service for the purposes of this Part; provided, however, that leave without pay for more than six months or the period between resignation and reemployment during which the employee is not in the service of the Unified Court System, shall not be counted in determining eligibility for additional annual leave credits under this Part.
(k) To the extent practicable, annual leave credits shall be used prior to appointment, promotion, reassignment or transfer to a different court or agency. The court or agency to which an employee is appointed, promoted, reassigned or transferred shall credit him with all of his accumulated annual leave credits not used prior to such appointment, promotion, reassignment or transfer.
(l) In the event the administrative authority determines that operations in a particular court or courts will be recessed for at least four consecutive workdays, the administrative authority may require employees during such recess to charge up to four days' annual leave in each fiscal year.
Historical Note
Sec. amd. filed Nov. 12, 1976; repealed, new added by renum. 24.4, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amds. filed: June 19, 1990; Jan. 16, 2001 eff. Jan. 3, 2001>. Amended (i).
Amended (e) on Jan. 4, 2005.
Section 24.4 Sick leave.
(a)
(1) Sick leave is absence with pay necessitated by the illness or disability of the employee, including illness or disability caused by pregnancy or childbirth.
(2) For non-Family Medical Leave Act (FMLA) approved absences, an employee shall be allowed to charge a maximum of 15 days of sick leave in any one calendar year for absences from work to care for a close family member during a time of illness. For purposes of this section, a close family membershall be the employee's spouse; domestic partner; natural, foster or step child; natural, foster or step parent; or any relative residing with the employee or an individual for whom the employee is the primary caregiver.
(3) Notwithstanding the 15 day limit set forth in section 24.4(a)(2), an employee who is approved for caregiver leave pursuant to the FMLA shall be allowed to charge approved FMLA caregiver absences during the FMLA period to accumulated sick leave.
(4) During a leave pursuant to the FMLA, employees may charge their leave accruals at the half-time rate.
(b) Employees shall earn sick leave credits at the rate of one-half day per biweekly pay period. No more than 200 days of such credits may be used for retirement service credit unless a greater benefit is provdied by law, rule or regulation, and no more than 200 days of such credits may be used to pay for health insurance in retirement.
(c) An employee shall not earn sick leave credit for any biweekly pay period unless he or she is in full-pay status for at least seven workdays during such biweekly pay period.
(d) A part-time, per diem or hourly employee eligible to earn sick leave credits pursuant to this Part shall earn sick leave credits as provided herein, but such employee's total pay when absent on such leave shall be the amount which would have been due if the employee had worked his or her usual number of hours or days during such period.
(e) An employee absent on sick leave shall notify his or her supervisor, or the supervisor's designee, of such absence and the reason therefor on the day of such absence and within 90 minutes after the beginning of his or her workday; provided, however, that where the work is such that a substitute may be required, the administrative authority may require earlier notification, but not earlier than two hours prior to the beginning of the employee's workday.
(f) Sick leave credits may be used in such units as the administrative authority may approve, but shall not be used in units of less than 15 minutes.
(g) Before absence for personal illness may be charged against accumulated sick leave credits, the administrative authority may require such proof of illness as may be satisfactory to the administrative authority, or may require the employee to be examined, at the expense of the Unified Court System, by a physician designated by the administrative authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the administrative authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his or her duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. Abuse of sick leave shall be cause for disciplinary action.
(h) Return to work. The administrative authority may require an employee who has been absent because of personal illness, prior to and as a condition of his or her return to duty, to submit medical documentation to establish that he or she is not disabled from the performance of his or her normal duties and that his or her return to duty will not jeopardize the health of other employees. If the medical documentation provided is deemed insufficient by the administrative authority, the employee may be asked to provide additional medical documentation, and, if such additional medical documentation is not provided or is deemed insufficient, the administrative authority may require the employee, prior to and as a condition of his or her return to duty, to be examined, at the expense of the Unified Court System, by a physician designated by the administrative authority, to establish that the employee is not disabled from the performance of his or her normal duties and that his or her return to duty will not jeopardize the health of other employees.
(i) In addition to personal illness of an employee, personal visits by such employee to a doctor, dentist or other medical practitioner, when approved by the administrative authority, may be charged against accumulated sick leave credits. Proof of the need for such visits, satisfactory to the administrative authority, may be required.
(j) When an employee is transferred or reassigned, the court or agency to which the employee is transferred or reassigned shall credit the employee with all of his or her accumulated sick leave credits not used prior to such transfer or reassignment. When an employee is separated from service for other than disciplinary reasons and is subsequently reinstated or reemployed within one year after such separation, or is reinstated by action of the Chief Administrator of the Courts, or is reinstated or reemployed while eligible for reinstatement from a preferred list, his or her sick leave credits accumulated and unused at the time of his or her separation shall be restored; provided, however, that such sick leave credits shall not be restored except where leave records satisfactory to the administrative authority are available.
(k) Sick Leave Bank Program. The Chief Administrator or his or her designee may establish rules and procedures permitting an employee who has exhausted all of his or her sick leave, annual leave and overtime credits to draw sick leave credits from a sick leave bank established through the contribution of leave credits by employees who participate in the program.
Historical Note
Sec. renum. 24.3, new added by renum. and amd. 24.5, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amds. filed: June 19, 1990; July 18, 1996; May 7, 1997; Jan. 16, 2001 eff. Jan. 3, 2001. Amended (a)(2), (b).
Amended (a)(2), (b), (k), (l) and (m) on Jan. 4, 2005.
Amended (h) May 6, 2015
Amended 24.4(a)(2) and added 24.4(a)(3) & 24.4(a)(4) Jun. 21, 2016
Section 24.5 Workers' compensation leave.
(a)
(1) Employees necessarily absent from duty because of an occupational injury, disease or condition as defined in the Workers' Compensation Law, incurred on or after the effective date of this section, shall be eligible for a workers' compensation benefit as provided by law, and the treatment of time and leave benefits shall be as provided in this section.
(2) A workers' compensation injury shall mean any occupational injury, disease or condition found compensable as defined in the Workers' Compensation Law.
(3) The treatment of time and leave benefits for an employee necessarily absent from duty because of an occupational injury, disease or condition incurred through an assault to the employee, suffered by the employee in the pursuit of a criminal, or incurred while coming to the aid of an employee, member of the public or in response to an emergency, shall be as provided to nonjudicial uniformed employees covered by the collective bargaining agreement between the Unified Court System and the Civil Service Employees Association, Inc., Local 1000, AFSCME (AFL-CIO).
(b) An employee who suffers compensable occupational injury shall, upon completion of a 10-workday waiting period, be placed on a leave of absence without pay for all absences necessitated by such injury and shall receive the benefit provided by the Workers' Compensation Law except as modified in this section.
(c) An employee necessarily absent for less than a full day in connection with a workers' compensation injury due to therapy, a doctor's appointment, or other required continuing treatment may charge accrued leave for said absences.
(d) An employee required to serve a waiting period pursuant to subsection (b) of this subdivision shall have the option of using accrued leave credits or being placed on leave without pay. When an employee has charged credits, upon receipt of documentation from the State Insurance Fund issuing a credit for the time charged, the employee shall be entitled to restoration of credits charged proportional to the net monetary award credited to the Unified Court System by the Workers' Compensation Board. In the event the restoration of credits is not sufficient to restore the full amount of accrued leave used during the waiting period, the State shall credit to the employees' leave accruals the difference between the accrued leave used and the Workers' Compensation Board Credit.
(e) When annual leave credits are restored pursuant to this section and such restoration causes the total annual leave credits to exceed 54 days, a period of one year from the date of the return of the credits or the date of return to work, whichever is later, shall be allowed to reduce the total accumulation to 54 days.
(f) An employee receiving workers' compensation payments for a period of disability found compensable by the Workers' Compensation Board shall be treated as though the employee is on the payroll for the length of the disability, not to exceed 12 months per injury, for the sole purposes of accruing seniority, credit for continuous service, eligibility for health insurance, accrual of vacation and sick leave credit, and retirement credit and contributions.
(g)
(1) Where an employee's workers' compensation claim is controverted by the State Insurance Fund, the employee may utilize leave credits (including sick leave at half pay, if eligible) pending a determination by the Workers' Compensation Board.
(2) If the employee's controverted or contested claim is decided in the employee's favor, any leave credits charged (and sick leave at half pay eligibility) shall be restored proportional to the net monetary award credited to the Unified Court System by the Workers' Compensation Board.
(3) If the employee was in leave without pay status pending determination of a controverted or contested claim, and the claim is decided in the employee's favor, the employee shall receive the benefits in subdivision (f) of this section for the period covered by the award, not to exceed 12 months per injury.
(h) If the date of the disability incident is prior to the effective date of this section, the benefits available shall be provided as set forth in the provisions of this section in effect immediately prior to the effective date of this section.
Historical Note
Sec. renum. 24.4, new added by renum. and amd. 24.6, filed Feb. 2, 1982; repealed, new filed: Jan. 15, 1987; July 18, 1996; amd. filed Jan. 16, 2001 eff. Jan. 3, 2001. Added (a)(3); amended (b), (d).
Amended 24.5(d) on April. 30, 2019
Section 24.6 Other leaves with pay.
(a) Leave for subpoenaed appearance and jury attendance. Upon application to the administrative authority, together with proof satisfactory to the administrative authority of the necessity of each day's absence from work, an employee shall be granted a leave of absence with pay for documented absences resulting from jury service or appearance as a witness pursuant to subpoena or other order of a court or body. Provided, however, that this subdivision shall not apply to any absence by an employee occasioned by such an appearance where the employee, or his or her relative as defined in subdivision (f) of this section, has a personal interest in the underlying action or proceeding; nor shall this subdivision apply to any absence by an employee who receives a fee for testifying as an expert witness. Employees entitled to leave under this subdivision shall not be entitled to receive any remuneration for jury service except mileage and transportation expenses. Should an employee receive a jury fee, the Unified Court System will require reimbursement from the employee.
(b) Leave for civil service examinations. Employees shall be allowed leave with pay to take civil service examinations for positions in the Unified Court System at the appropriate center, or to appear for an official investigation or appointment interview for positions in the competitive, noncompetitive or exempt classes, provided that due notice is given by the employee to the administrative authority.
(c) Leave for quarantine. If an employee who is not ill is required to remain absent because of quarantine and presents a written statement of the attending physician or local health officer proving the necessity of such absence, such employee shall be granted leave with pay for the period of his or her required absence, without charge against accumulated sick leave, annual leave or overtime credits. Prior to return to duty, such employee may be required to submit a written statement from the local health officer having jurisdiction that his or her return to duty will not jeopardize the health of other employees.
(d) Leaves required by law. An employee shall be allowed such other leaves of absence with pay, including military leave, as are required by law.
(e) Leave for civil defense duties. Upon certification by the State Director of Civil Defense of the necessity for the participation in State or local civil defense drills of an employee enrolled as a civil defense volunteer and required to perform civil defense volunteer and required to perform civil defense duties, pursuant to the State Defense Emergency Act, the administrative authority may allow such employee to absent himself or herself from his or her position, without loss of pay or charge against leave credits, for such time as is necessary for participation in such drills, but not exceeding cumulatively five workdays per calendar year.
(f) Bereavement Leave.
(1) Leave of up to four consecutive workdays (not to exceed a total of 28 work hours) shall be allowed immediately following the death of an employee's spouse; domestic partner; natural, foster or step: parent, child, brother or sister; father-in-law or mother-in-law; parent of a domestic partner; grandparent or grandchild; any relative residing with the employee; or an individual for whom the employee has been the primary caregiver.
(2) Leave of up to two consecutive workdays (not to exceed a total of 14 work hours) shall be allowed immediately following the death of an employee's son-in-law or daughter-in-law.
(3) Leave of up to one day (not to exceed a total of 7 work hours) shall be allowed immediately following the death of an employee's brother-in-law or sister-in-law.
(4) In exceptional cases where the deceased is unavailable for burial or services, or when there is a delayed memorial service, the Chief Administrator (or his/her designee) may, in his/her discretion, upon an employee's request, waive the requirement that bereavement leave is subject to the terms set forth in subsections (1) through (3) above.
(5) Prior notice and authorization is not required for leave under this subdivision. When a death in an employee's family occurs while the employee is on annual leave, such time is excusable for bereavement leave and shall not be charged to annual leave.
(g) Conferences. Four days' leave per annum without charge to an employee's leave credits may be allowed to attend conferences of recognized professional organizations. Such conferences must be directly related to the employee's profession of professional duties. This leave is subject to the prior approval of the administrative authority and to the staffing needs of the court or agency.
h) Extraordinary Circumstances.
(1) An employee who has reported for duty and, because of extraordinary circumstances beyond his or her control, is directed to leave work, shall not be required to charge such directed absence during such day against leave credits. An employee who does not report for duty because of circumstances beyond his or her control shall not be required to charge such absence during such day against leave credits if the court or other facility where the employee is required to report is closed due to extraordinary circumstances. Any release or excusal of employees due to extraordinary circumstances does not create any right to equivalent time off by employees not adversely affected by the extraordinary circumstances. Only the administrative authority may direct employees to leave work.
(2) Employees who are required to work when the court or facility where they report to work is closed due to extraordinary circumstances shall be credited with compensatory time for the time they worked.
(i) Blood donations. Subject to the reasonable operating needs of the court or court-related agency, an employee shall be allowed up to three and one-half hours leave with pay for blood donations made during the employee's normal working hours. Such leave shall be used only on the day the donation is made and shall include all time spend making the donation, including travel time to and from the collection point. This subdivision shall not apply to an employee who receives a fee for such donation.
(j) Internal discrimination claims. Subject to the reasonable operating needs of the court or court-related agency, and with the prior written approval of the Equal Employment Opportunity (EEO) Unit of the Unified Court System, an employee shall be allowed leave with pay (1) to consult with the EEO Unit prior to filing an internal discrimination claim, or (2) to attend meetings or consultations with the EEO Unit in relation to a filed internal discrimination claim. Such leave shall include reasonable travel time.
(k) Leaves for medical screening. An employee shall be entitled to leave with pay for breast cancer screening; and/or prostate cancer screening; and/or other types of cancer screening. Employees shall also be entitled to leave with pay for and bone marrow screening and donation.
(l) Leave for New York State Bar examination. Upon application to the administrative authority, together with proof satisfactory to the State, employees registered to take the New York State Bar examination shall be allowed two days leave with pay to take the Bar examination and, if necessary, one day leave with pay to review the results of such examination.
(m) The Chief Administrator of the Courts or his or his designee may grant leaves with pay for reasons not itemized in this Part.
Historical Note
Sec. renum. 24.5, new added by renum. and amd. 24.7, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amds. filed: June 19, 1990; July 18, 1996; Jan. 16, 2001 eff. Jan. 3, 2001. Amended (f).
Amended (f), (i), (k), and (l) on Jan. 4, 2005.
Amended (i) May 6, 2015
Amended 24.6(k) Jun. 21, 2016
Amended 24.6(f), (h), (k), (l), and added (m) on April. 30, 2019
Section 24.7 Leaves without pay.
(a) Leave of absence; duration. A permanent employee may, in the discretion of the administrative authority, be granted a leave of absence, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years. In an exceptional case, a further extension may be permitted for good cause shown and where the interests of the Unified Court System would be served. For the purposes of this Part, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.
(b) Successive leaves of absence. Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to subdivision (a) of this section, a subsequent leave of absence without pay may not be granted until after the employee returns to his or her position and serves continuously therein for six months immediately preceding the subsequent leave of absence.
(c) Leave for child care. A combined confinement and child-care leave of absence without pay shall be granted to an employee (male or female) who becomes the parent of a child up to four years of age, either by birth or by adoption, for a period or up to 12 months. In one instance per employee only, a period beyond 12 months, but not more than another successive 12-month period, may be granted at the discretion of the administrative authority, subject to the staffing needs of the court or agency.
(d) A grant of leave pursuant to this section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.
Historical Note
Sec. renum. 24.6, new added by renum. and amd. 24.8, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amd. filed June 19, 1990 eff. May 31, 1990. Amended (c); added (d).
Section 24.8 Workweek.
The workweek shall be 35 hours.
Historical Note
Sec. renum. 24.7, new added by renum. and amd. 24.9, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.9 Holidays.
(a) All legal holidays enumerated herein shall be allowed as paid days off, or holiday pay as set forth in subdivision (b) of this section shall be allowed in lieu thereof. The days prescribed by law for the observance of New Year's Day, Martin Luther King, Jr.'s Birthday, 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. A holiday falling on a Saturday or a Sunday shall be observed on the preceding Friday or following Monday subject to the operational or staffing needs of the court or agency.
(b) Holiday pay. An employee who is entitled to time off with pay on days observed as holidays by the Unified Court System as an employer will receive, at such employee's option, additional compensation for time worked on such days or compensatory time off. Such additional compensation for each such full day worked will be at the rate of 1/10 of the employee's biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, location, inconvenience and shift pay as may be appropriate to the place or hours worked. In no event will an employee be entitled to such additional compensation or compensatory time off unless he or she has been scheduled or directed to work. An employee required to work on Thanksgiving Day (the fourth Thursday in November), Christmas Day (December 25) or New Year's Day (January 1) shall receive a 100 percent cash premium for all hours worked on such day in addition to any holiday pay or compensatory time off granted pursuant to this subdivision.
Historical Note
Sec. renum. 24.8, new added by renum. and amd. 24.10, filed Feb. 2, 1982; repealed, new filed Jan. 15, 1987; amd. filed June 19, 1990 eff. May 31, 1990. Amended (b).
Section 24.10 Overtime meal allowance.
(a) A meal allowance of $6 will be paid to any employee required to work at least three hours beyond his or her regularly scheduled workday unless he or she is receiving cash compensation for such overtime work.
(b) An employee ineligible to receive cash compensation for overtime worked, who is required to work at least seven hours on his or her regularly scheduled day off, shall be entitled to receive one overtime meal allowance. An employee required to work at least 10 hours on his or her regularly scheduled day off shall be entitled to receive a second overtime meal allowance.
Historical Note
Sec. renum. 24.9, filed Feb. 2, 1982; new filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.11 Payment for accruals upon separation.
(a) At the time of separation from service in the Unified Court System, an employee or the employee's estate or beneficiary, as the case may be, shall be compensated in cash for overtime credits not in excess of 30 days accrued and unused as of the effective date of separation; and further, except where provision is made for the transfer of leave credits, the employee or the employee's estate or beneficiary shall be compensated in cash for annual leave credits not in excess of 45 days accrued and unused as of the effective date of separation, except, that in the case of resignation, the Chief Administrator of the Courts or his or her designee may require, as a condition for such payment, that written notice of such resignation be given to the Chief Administrator or his or her designee at least two weeks prior to the last day of work. Effective April 1, 1998, the employee or the employee's estate or beneficiary shall be compensated in cash for annual leave credits not in excess of 50 days. No employee who is removed from Unified Court System service as a result of disciplinary action, or who resigns after charges of incompetency or misconduct have been served upon him or her, shall be entitled to compensation for annual leave credits under this subdivision.
(b) An employee on leave from his or her position on account of entry into the Armed Forces of the United States for active duty (other than for training as defined by title 10 of the United States Code), may elect to receive compensation in cash for accrued and unused annual leave and overtime credits not in excess of 30 days in each category accrued and unused as of the last date on which his or her name appeared on the Unified Court System payroll.
Historical Note
Sec. filed Jan. 15, 1987; amd. filed May 7, 1997 eff. April 29, 1997. Amended (a).
Section 24.12 Written agreement required for transfer of leave credits.
For the purpose of applying the provisions of this Part, employment in the Executive or Legislative Branch of State service shall be credited as service in the Unified Court System; provided, however, that, except as otherwise provided by law, leave credits may not be transferred upon movement from such positions to positions subject to this Part except where such credits were earned and accumulated in accordance with attendance and leave regulations which are substantially equivalent to the provisions of this Part and there is a written agreement between the President of the Civil Service Commission and the Chief Administrator of the Courts governing the transfer of leave credits upon such movements. Other public employment may be credited as service in the Unified Court System for purposes of determining transferability of leave credits, provided such employment was subject to attendance and leave regulations substantially equivalent to the provisions of this Part, and provided there is a written agreement between the Chief Administrator and the public agency wherein such employment occurred governing the crediting of such employment and the transfer of leave credits upon movement of employees to and from such agency and positions subject to this Part.
Historical Note
Sec. filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.13 Retroactive time credits.
(a) Nothing in this Part shall be construed to provide for the granting of annual leave, sick leave or other time or leave credits for service rendered prior to the effective date of this Part [January 1, 1987]; provided, however, that nothing in this Part shall affect time or leave credits lawfully earned prior to the effective date of this Part.
(b) No employee who has been placed on the payroll of the Unified Court System pursuant to section 39 of the Judiciary Law shall be entitled to compensation under this Part for any time or leave credits lawfully earned before April 1, 1977, except in accordance with section 39.
Historical Note
Sec. filed Jan. 15, 1987 eff. Jan. 1, 1987.
Section 24.14 Suspension of rules.
The Chief Administrator of the Courts may suspend these rules, in whole or in part, in an emergency.
Historical Note
Sec. filed Jan. 15, 1987 eff. Jan. 1, 1987.
Can I Designate Vacation for Staff in Nys
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