N.Y. Comp. Codes R. & Regs. tit. 8 § 400.8

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

Section 400.8 - Time off for processing of grievances

(a) An employee and his representative, if an employee, shall be allowed such time off from his regular duties as may be necessary and reasonable for the processing of a grievance under these procedures without loss of pay or vacation or other time credits.

(b) Time shall be granted for the presentation of the grievance at any step or to the grievance appeals board. It shall not include time for preparation of a grievance, but shall include reasonable time for discussion between the employee and his representative immediately prior to the designated presentation and such reasonable travel time as may be necessary. An employee shall be permitted to discuss with his representative prior to the initiation of a first step proceeding any complaint or matter concerning conditions set forth in section (6)(b) of the executive order, for the purpose of aiding him in deciding whether he wishes to process the grievance under this procedure. If such discussion is to take place during regular work hours of an employee, whether grievant or representative, he shall first obtain from his supervisor permission to absent himself from his work and shall advise the supervisor of the name of the grievant or his representative, as the case may be.

(c) If any step must be scheduled outside regular working hours or continues beyond regular working hours, the additional time shall not be considered in computing earned overtime nor shall compensatory time off be granted. Insofar as practicable, agencies may reschedule the employee's and/or his representative's working hours to coincide with discussion or meetings scheduled outside regular working hours.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 400.8