N.Y. Comp. Codes R. & Regs. tit. 8 § 337.13

Current through Register Vol. 46, No. 39, September 25, 2024

Section 337.13 - Holiday leave

(a) A calendar year or college year employee shall be eligible to observe the following days prescribed by law as holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day. The college chief administrative officer may designate two holidays as floating holidays in lieu of the holidays set forth above. The college chief administrative officer may designate an alternate date on which one of the holidays is to be observed. If a second holiday is designated the employee may select a date on which to observe the second holiday, with the approval of the employee's supervisor and consistent with the operating needs of the campus. The employee must observe such second holiday before the beginning of the next academic year. The college chief administrative officer's designation shall be announced following consultation with the certified representative of employees in the professional service in September of the academic year.

(b) An employee who is eligible to observe holidays shall be granted a compensatory day off when any holiday specified in subdivision (a) of this section falls on a Saturday, a Sunday, or a pass day. Effective January 1, 2024, an employee who is eligible to observe holidays shall be granted compensatory time off when a holiday falls on a Saturday, or a pass day; provided, however, that an employee directed to work on a holiday that falls on a Saturday or pass day may receive additional compensation or compensatory time off as provided in subsections (d) - (f) below.

(c) Effective January 1, 2024, when December 25 and January 1 fall on Sundays and are observed as State holidays on the following Monday, employees whose work schedule includes December 25 or January 1 shall observe the holiday on those dates, or if required to work, may receive additional compensation or compensatory time off as provided in subsections (d) - (f) below.

(d) An employee who is eligible to observe holidays who is required to work on a holiday shall be granted a compensatory day off. An employee who is eligible to observe Thanksgiving or Christmas, and who is required to work on such holiday, shall be granted one and one-half compensatory days off.

(e)

(i) For employees in the professional services bargaining unit, effective July 1, 2019, an employee who is eligible to observe holidays who is required to work on New Year's Day shall be granted a compensatory day off or, at the employee's election, additional compensation at the rate of 1/10 of the employee's bi-weekly rate for each such full day worked in lieu of the compensatory day off. An employee who is eligible to observe Thanksgiving or Christmas, and who is required to work on such holiday, shall be granted one and one-half compensatory days off or, at the employee's election, additional compensation at the rate of 3/20 of the employee's bi-weekly rate for each such full day worked in lieu of compensatory time off.

(ii) . Effective January 1, 2024, an employee who is assigned to work at Downstate, Stony Brook or Upstate hospitals or at the Long Island State Veteran's Home and who is eligible to observe holidays and who is required to work on a holiday shall be granted additional compensation at the rate of 1/10 of the employee's bi-weekly rate or, at the employee's election, a compensatory day off for each full day worked. An employee who is assigned to work at Downstate, Stony Brook or Upstate hospitals or at the Long Island State Veteran's Home and who is eligible to observe Thanksgiving or Christmas, and who is required to work on such holiday, shall be granted additional compensation at the rate of 3/20 of the employee's bi-weekly rate or, at the employee's election, one and one-half compensatory days off for each full day worked.

(f) Compensatory time or additional compensation shall be pro-rated for less than a full day of work. Compensatory time or additional compensation shall be pro-rated for regularly scheduled work in excess of the standard workday worked on a holiday. The additional compensation rate shall include all payments normally included in bi-weekly gross salary.

(g) Compensatory days off shall be scheduled at times mutually convenient to the employee and the university and used within one year of accrual or forfeited.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 337.13

Amended New York State Register October 20, 2021/Volume XLIII, Issue 42, eff. 10/20/2021

Amended New York State Register May 15, 2024/Volume XLVI, Issue 20, eff. 5/15/2024