ARTICLE V TIME AND LEAVE

Section 13.

Pursuant to Executive Order No. 34, dated March 26, 1971, "Regulations Governing Cash Payments for Accrued Annual Leave and Accrued Compensatory Time on Death of an Employee while in the City's Employ," if an employee dies while in the Employer's employ, the employee's beneficiary or if no beneficiary is designated, then the employee's estate, shall receive payment in cash for the following:

a. All unused accrued annual leave to a maximum of fifty four (54) days credit.

b. All unused accrued compensatory time earned subsequent to March 15, 1968 and retained pursuant to this Agreement, verifiable by official agency records, to a maximum of two hundred (200) hours.

Section 14.

If an employee dies during the term of this Agreement because of an injury arising out of and in the course of the employee's employment through no fault of the employee, and in the proper performance of the employee's duties, a payment of twenty five thousand dollars ($25,000) will be made from funds other than those of the Retirement System in addition to any other payment which may be made as a result of such death. Such payment shall be made to the same beneficiary designated for the purposes of Section 13 of this Article, or if no beneficiary is so designated, payment shall be made to the employee's estate.

Section 15.

If while in covered employment under the terms of this Agreement an employee dies, the Employer shall notify the beneficiary designated by the employee in the personnel folder as to what benefits may be available for the employee and as to where claims may be initiated for such benefits. If no beneficiary is designated, the public administrator of the county in which the employee last resided shall be notified.
The employing agency shall promptly notify the appropriate retirement system and request it communicate with the beneficiary designated in the system's records.

Section 16.

a. Every employee is obligated to report for work as scheduled.

b. Except for the employees described in subsection c below, there shall be a grace period of five minutes at the beginning of the work shift. When an employee's lateness extends beyond the five minute grace period, the full period of time between the scheduled reporting time and the actual reporting time shall be charged against such employee (e.g. an employee whose starting time is 9:00 a.m. who reports to work at 9:05 a.m. would not be "late," but such an employee with such a starting time who reports to work at 9:06 a.m. would be charged with six (6) minutes of lateness).

c. The following employees shall not be entitled to the five minute grace period described in subsection b above:

i. Emergency personnel, including, but not limited to, Fire Alarm Dispatchers, Police Communication Technicians, Emergency Medical Services Specialists. The City shall furnish the Union with a full list of such positions.

ii. Employees whose positions require, in the event of late reporting for work, that another be held over from a previous shift or be called in to substitute for the late employee, at premium rates of pay.

iii. Employees subject to flexible work schedules.

d. Lateness beyond the five minute grace period shall be classified as "excused" or "not excused" and excused lateness shall not be charged against the employee. Lateness found by the agency head or the individual designated by the agency head to have been caused by unforeseen public transportation delays or other circumstances which arise after an employee leaves for work which cannot be anticipated (e.g. elevator breakdowns or private transportation breakdowns) which are beyond the ability of the tardy employee to control shall be excused. Such findings shall be reasonably made; and the tardy employee may be required to furnish proof satisfactory to the agency head of the cause of the lateness. A request for excusal shall not be unreasonably denied. A refusal to excuse a lateness may be appealed to the Commissioner of Labor Relations whose decision shall be final.

e. Deduction for unexcused lateness shall be made on a minute for minute basis from any compensatory time standing to an employee's credit and then, if there is no such credited time, from the employee's annual leave balances.

f. The City reserves the right and power appropriately and for just cause to discipline or to discharge an employee for excessive lateness.

g. Contractual provisions or agency policies regarding lateness, grace or excusal periods or lateness penalties inconsistent with the uniform lateness policy set forth in this Section shall be superseded by this Section 16.

h. Lateness caused by a verified major failure of public transportation, such as a widespread or total power failure of significant duration or other catastrophe of similar severity, shall be excused.
i. Each agency will prepare contingency plans for operation during a major failure of public transportation which would cause disabled employees, as defined in the Americans with Disabilities Act, great difficulty in reaching their regular work location. Such plans will include, where practicable and productive, provisions assigning disabled employees to report to agency locations closer to their homes. Such plans shall also include provisions for excusal by the agency head of absences on an individual basis for disabled employees. Decisions of the agency head with respect to absences under such plans shall not be subject to the grievance procedure.

Section 17.

a. Effective January 1, 1975, the terminal leave provision for all employees except as provided in subsections b. and c., below shall be as follows:
Terminal leave with pay shall be granted prior to final separation to employees who have completed at least ten (10) years of service on the basis of one (1) day of terminal leave for each two (2) days of accumulated sick leave up to a maximum of one hundred twenty (120) days of terminal leave. Such leave shall be computed on the basis of work days rather than calendar days.

For Employees Newly Hired on or After July 1, 2004

Terminal leave with pay shall be granted prior to final separation to employees who have completed at least ten (10) years of service on the basis of one (1) day of terminal leave for each three (3) days of accumulated sick leave up to a maximum of one hundred-twenty (120) days of terminal leave. Such leave shall be computed on the basis of workdays rather than calendar days.

b. Any employee who as of January 1, 1975 had a minimum of fifteen (15) years of service as of said date may elect to receive upon retirement a terminal leave of one (1) calendar month for every ten (10) years of service pro rated for a fractional part thereof in lieu of any other terminal leave. However, any sick leave taken by such employees subsequent to July 1, 1974 in excess of an average annual usage of six (6) days per year shall be deducted from the number of days of terminal leave to which the employee would otherwise be entitled at the time of retirement, if the employee chooses to receive terminal leave under this subsection.

c. In the case where an employee has exhausted all or most of the employee's accrued sick leave due to a major illness, the agency head, in the agency head's discretion, may apply two and one fifth (2 1/5) work days for each year of paid service as the basis for computing terminal leave in lieu of any other terminal leave. An employee's request for the application of this subsection shall not be unreasonably denied. The denial of an employee's request may be appealed solely to the Commissioner of Labor Relations.

d. Where an employee has an entitlement to terminal leave and the City's fiscal situation requires that employees who are terminated, laid off or retired be removed from the payroll on or before a specific date, or where an employee cannot be considered for an extension of service past the mandatory retirement age because of budgetary considerations, the Employer shall provide a monetary lump sum payment for terminal leave in accordance with the provisions of Executive Order 31, dated June 24, 1975.

Section 18.

a. Shortened workday schedules or heat days in lieu thereof for employees who have traditionally enjoyed shortened workday schedules or heat days in lieu thereof shall begin on July 1 and terminate on Labor Day. Employees who are entitled to receive heat days in lieu of shortened work days shall receive three (3) such days.

b. Shortened workday schedules and heat days in lieu thereof shall be abolished for employees who work in air conditioned facilities and for outdoor and field employees. However, outdoor and field employees who traditionally enjoyed such benefits and who are required to return to an office location before the end of the workday shall be entitled to the same summer schedules enjoyed by office employees at such location on such day.

c. Outdoor and field employees include, but are not limited to, law enforcement personnel, Traffic Enforcement Agents, Traffic Device Maintainers, Motor Vehicle Operators, Inspectors, Engineers, Assessors, Appraisers, Investigators, Quality Control Specialists and Public Health Nurses. Homemakers and employees in equivalent titles, who are assigned to work in clients' homes which are not air conditioned and who traditionally enjoyed shortened workday schedules or heat days in lieu thereof, shall continue to be so entitled.

d. No shortened workday schedules or heat days in lieu thereof, shall be granted to any employee until the employee has completed one year of service.

e. Employees who work shortened workday schedules as described in this Section are entitled to the meal allowances set forth in Section 8 of Article IV, provided that such employees work a minimum of three (3) hours beyond the shortened workday schedule. An employee who qualifies for a meal allowance pursuant to this subsection shall not count the first hour worked after the shortened workday schedule in computing the amount of the meal allowance to which the employee is entitled.

Section 19

a. Part time per annum, hourly, per diem, per session and seasonal employees who work at least one half the regular hours of full time employees in the same title and who have worked for at least one month on a regular basis shall accrue leave credits as set forth below:

a.i. For all employees newly hired on or after July 1, 2004,

Years of Service Accrual,

beginning of the 1st year 1 hour for 15 hours worked (154 hours maximum)

beginning of the 5th year 1 hour for 14 hours worked (165 hours maximum)

beginning of the 6th year 1 hour for 13 hours worked (176 hours maximum)

beginning of the 7th year 1 hour for 12 hours worked (199 hours maximum)

beginning of the 9th year 1 hour for 11 hours worked (210 hours maximum)

Years In Service	Accrual
At the beginning of the 1st year At the beginning of the 5th year	1 hour for 15 hours worked (154 hours maximum) 1 hour for 11 hours worked (210 hours maximum)

b. Sick leave: One (1) hour of sick leave for every twenty (20) hours actually worked with no maximum accrual.

i. For all employees newly hired after July 14, 1996, shall accrue at the rate of 1 hour of sick leave for each 22 hours actually worked for the first three (3) years of service.

ii. For employees covered by Unit Agreements that expire March 31, 2000, subsection 19(b)(i) shall be in effect from July 15, 1996 to March 31, 2000.

iii. For employees covered by Unit Agreements that expire December 31, 1999 subsection 19(b)(i) shall be in effect from July 15, 1996 to December 31, 1999.

iv. Effective July 1, 2004, all employees newly hired on or after July 1, 2004 shall accrue sick leave at the rate of one (1) hour of sick leave for each 24 hours actually worked for the first five (5) years of service.

c. If no full time equivalent title exists then the minimum number of hours required in order to receive leave credits pursuant to this Section shall be based on the nature of employment as follows:

White Collar Employment	17 1/2 hours per week
Blue Collar Employment	20 hours per week

Section 20.

a. A child care leave of absence without pay shall be granted to any employee (male or female) who becomes the parent of a child up to four years of age (or whose domestic partner registered pursuant to Executive Order 48, dated January 7, 1993, becomes the parent of a child up to four years of age), either by birth or by adoption, for a period of up to forty eight (48) months. The use of this maximum allowance will be limited to one instance only. All other childcare leaves of an employee shall be limited to a thirty six (36) month maximum.

b. Prior to the commencement of child care leave, an employee shall be continued in pay status for a period of time equal to all of the employee's unused accrued annual leave and compensatory time (including FLSA compensatory time).

c. Employees, who initially elect to take less than the forty eight (48) month maximum period of leave or the thirty six (36) months, may elect to extend such leave by up to two extensions, each extension to be a minimum of six (6) months. However, in no case may the initial leave period plus the one or two extensions total more than forty eight (48) months or thirty six (36) months.

d. This provision shall not diminish the right of the Agency Head or the Personnel Director, as set forth in Rule 5.1 of the Leave Regulations, to grant a further leave of absence without pay for child care purposes.

Section 21.

a. Bereavement leave shall be granted for the death of a an employee's spouse; "domestic partner" as defined in the New York Administrative Code Section 1-112(21); natural, foster or step parent; brother or sister; father-in-law; mother-in-law; or older relative residing in the household.

b. Effective November 26, 1999, bereavement leave shall be granted for the death of a grandchild.

c. When a death in an employee's family occurs while the employee is on annual leave, such time as is excusable for death in the family shall not be charged to annual leave or sick leave.

Section 22.

Individual employee grievants shall be granted leave with pay for such time as is necessary to testify at arbitration hearings.

Leave with pay shall be granted to three (3) employees who are named grievants in a group arbitration proceeding for such time as is necessary for them to testify at their group arbitration hearings.

Leave with pay for such time as is necessary to testify at their hearings shall be granted to employees who, after final adjudication of proceedings under Section 210 paragraph 2(h) of the Civil Service Law, are determined not to have been in violation of Section 210.

Section 23.

If at any time during the period of this Agreement the parties agree that it is impracticable to recruit for certain titles covered by this Agreement, the employer with the agreement of the Union may apply a variation of the provisions contained in Article V and Article VI of this Agreement for those titles.

Table of Contents

ARTICLE VI TIME AND LEAVE VARIATIONS

This Article shall apply only to employees who work other than a regularly scheduled standard work week consisting of five (5) seven (7) hour, seven and one half (7 1/2) hour or eight (8) hour days.

Section 1.

A "holiday leave bank" shall be established for each employee covered under this Article. The bank shall be credited with holiday leave time equal to one fifth (1/5) the number of hours in the respective employee's work week as each holiday occurs.

No employee shall receive credit for more than eleven (11) holidays per annum. Effective January 1, 1986 no employee shall receive credit for more than twelve (12) holidays per annum.

Section 2.

a. When an employee does not work on one of the regular holidays, a number of hours equal to the number of hours in the employee's regularly scheduled work day shall be subtracted from the employee's "holiday leave bank."

b. An employee who works on any of the regular holidays shall be compensated in accordance with Section 3 of this Article or the overtime provisions of this Agreement, whichever is applicable.

c. When either the holiday or the day designated for observance occurs on an employee's scheduled day off and the employee does not work on such day, the employee shall accrue credits pursuant to Section 1 of this Article, but no credits shall be deducted from the employee's "holiday leave bank".

Section 3.

a. If an employee is required to work on any of the holidays listed in Article V, Section 9 of this Agreement, the employee shall receive a fifty percent (50%) cash premium for all hours worked on the holiday, and there shall be no deduction from the employee's "holiday leave bank."

b. If a holiday falls on a Saturday or Sunday, the fifty percent (50%) cash premium shall apply only to those employees who are required to work on the Saturday or Sunday holiday. Employees required to work on the Monday or Friday designated by the Employer for holiday observance shall not have any time charged against their "holiday leave bank" as a result of the Saturday or Sunday holiday, but shall not receive premium pay.

c. With respect to an employee who is scheduled to work on both the Saturday or Sunday holiday and the day designated for observance: (1) if the employee is required to work on only one of such days, the employee's "holiday leave bank" shall be charged the equivalent of one day. Such employee shall receive the fifty percent (50%) cash premium when required to work on Saturday or Sunday; or (2) if the employee is required to work on both such days, the employee shall receive the fifty percent (50%) cash premium for all hours worked on the Saturday or Sunday holiday without any charge to the employee's "holiday leave bank."

d. However, if the employee is required to work on a holiday which falls on the employee's scheduled day off, the employee may choose whether such holiday work is to be compensated by the fifty percent (50%) cash premium without charge to the employee's leave bank, or, if otherwise eligible, by the overtime provisions of Article IV.

e. An employee shall not receive for the same hours of work both (1) overtime pay and (2) the fifty percent (50%) cash premium without charge to the employee's "holiday leave bank." However, regardless of whether the holiday falls on a regular working day or on a scheduled day off, if the number of hours worked on such holiday exceeds the employee's normal daily tour of duty, all hours of work in excess of such normal daily tour of duty shall be covered by the overtime provisions of Article IV.

f. Shifts, which begin at 11 P.M. or later on, the day before the holiday shall be deemed to have been worked entirely on the holiday, and shifts, which begin at 11 P.M. or later on the holiday, shall be deemed not to have been worked on the holiday.

Section 4.

An employee may be advanced holiday leave credits consistent with the maximums set forth in Section 1 of this Article. Any resulting negative leave balance shall be charged against subsequent holiday accruals. If as of May 1 of any year an employee's "holiday leave bank" has a negative balance, said balance shall be charged against the employee's annual leave.

Section 5.

Article VI Sections 5 and 6 of the 1995-2001 Citywide-Agreement shall be amended by this 2002 DC MEA accordingly (items in red).

The "Annual Leave Allowance" shall accrue on an hourly basis. The rate of accrual shall be based on the number of hours in the work week and the number of years of service of the respective employee as follows:*

Work Week	Years of Service	Allowance	Monthly Accrual
60	Beginning of 15th yr Beginning of 8th yr Beginning of 5th yr First year	324:00 hours 300:00 hours 240:00 hours 180:00 hours	27:00 hours 25:00 hours 20:00 hours 15:00 hours
40	Beginning of 15th yr Beginning of 8th yr Beginning of 5th year First year	216:00 hours 200:00 hours 160:00 hours 120:00 hours	18:00 hours 16:40 hours 13:20 hours 10:00 hours
37½	Beginning of 15th yr Beginning of 8th yr Beginning of 5th yr First year	202:30 hours 187:30 hours 150:0 hours 112.30 hours	16:53 hours 15:38 hours 12:30 hours 9:23 hours
35	Beginning of 15th yr Beginning of 8th yr Beginning of 5th yr First year	189:00 hours 175:00 hours 140:00 hours 105:00 hours	15:45 hours 14:35 hours 11:40 hours 8:45 hours

*Refer to prior Citywide Agreement for accrual rate in effect prior to July, 1991.

Section 6.

Article VI Sections 5 and 6 of the 1995-2001 Citywide-Agreement shall be amended by this 2002 DC MEA accordingly (items in red).

The "Sick Leave Allowance" shall accrue on an hourly basis. The monthly accrual of sick leave shall be equal to one-fifth the number of hours in the respective employee's work week.

a. For all employees newly hired after July 14, 1996, the monthly accrual of sick leave shall be equal to 1 1/60^ths of the number of hours in the respective employee's work week for the first three (3) years of service.

b. For employees covered by Unit Agreements that expire March 31, 2000, subsection 6(a) shall be in effect from July 15, 1996 to December 31, 2000.

c. For employees covered by Unit Agreements that expire December 31, 1999, subsection 6(a) shall be in effect from July 15, 1996 to December 31, 1999.

Section 7.

Where, for record keeping purposes, daily leave balances are converted to hourly leave balances, such conversion shall be based on one fifth (1/5) the number of hours in the respective employee's regular work week for each day of leave credited to the employee's leave balance, pro rated for fractional days.

Section 8.

a. Employees who are otherwise entitled to receive heat days pursuant to Article V, Section 18 of this Agreement shall receive compensatory time for said heat days. The number of hours credited for each heat day shall be equal to one fifth (1/5) the number of hours in the respective employee's work week.

b. Employees who are otherwise entitled to a shortened workday schedule pursuant to Article V, Section 18 of this Agreement shall be credited with five (5) hours of compensatory time, in lieu of any shortened workday schedule, for each week actually worked while shortened schedules are in effect.

Top of Page

Table of Contents

TO ARTICLE VII, VIII, IX-Health Insurance, Car Allowance & Personnel & Pay Practices