New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter II - Attendance Rules for Employees in New York State Departments and Institutions
Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions
Part 21 - ABSENCE WITH PAY
Section 21.2 - Vacation

Universal Citation: 4 NY Comp Codes Rules and Regs § 21.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Employees in State service on the day preceding the effective date of this Chapter, 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 Chapter.

(b)

(1) Employees who enter State service on or after the effective date of this Chapter shall, upon completion of 13 biweekly pay periods of service, be credited with six and one-half days' vacation. Thereafter, each such employee shall earn and accumulate vacation credits at the rate of one-half day per biweekly pay period until he has completed seven years of continuous service. An employee shall not earn vacation credit for any biweekly pay period unless he is 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, five days per week, shall also receive vacation as provided herein, but his total pay for such period of vacation shall be the amount which would have been due him if he had been working regularly at his usual hours for such period.

(c) Employees who enter State service on or after the effective date of this Chapter 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

(d)

(1) 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 service for the purposes of this section; provided, however, that leave without pay for more than six months or the period between resignation and reinstatement for reappointment, during which the employee is not in State service, shall not be counted in determining eligibility for additional vacation credits under this section.

(2) 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.

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

(e) No accumulation of vacation credits in excess of 30 days shall be permitted except that employees having accumulated vacation credits in excess of 30 days on the day preceding the effective date of this Chapter shall be allowed a period of one year to reduce such accumulated credits to an amount not in excess of 30 days. The appointing authority shall notify the employee, in writing, of the total amount of his unliquidated credits when such credits total the equivalent of 25 workdays.

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

(g) 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 him with all of his accumulated vacation credits not used prior to such appointment, promotion or transfer.

(h) 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 his service by which he qualified for coverage under this Chapter. Every per diem and hourly paid employee shall, on the date on which he becomes subject to this Chapter, be credited with the number of days of vacation which he would have earned during the preceding nine months if he had been subject to this Chapter during such period, less the number of days of paid vacation which were granted to him 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.

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