Supervisor’s Guide to Attendance and Leave Benefits Copyright © Governor’s Office of Employee Relations 2010 Updated June 15, 2010 Briefing for Supervisors

Supervisor’s Guide to Supervisor’s Guide to Attendance and Leave BenefitsAttendance and Leave Benefits

Copyright © Governor’s Office of Employee Relations 2010

Updated June 15, 2010

Briefing for Supervisors

Attendance and Leave Benefits

Supervisor's Guide to Attendance and Leave Benefits:A Briefing for Supervisors

Slide 2Updated June 15, 2010

Briefing for Supervisors Briefing for Supervisors

AgendaAgenda

Expectation for today

Briefing today and Follow-up Session

Breaks and Lunch

Supervisor’s Guide to Attendance and Leave Benefits:A Briefing for Supervisors



HandoutHandout

Supervisor’s Guide to Attendance and Leave Benefits




Ground RulesGround Rules

Please hold questions until the end of the briefing or use a parking lot.

Confidentiality is critical. Don’t expect to be an expert. Follow along in the Supervisor’s Guide.



Briefing for Supervisors Briefing for Supervisors PurposePurpose

To introduce the Supervisor’s Guide to Attendance and Leave Benefits as a valuable resource to supervisors.

To underscore the significant elements of attendance and leave benefits and how they mesh with agency policy.

To stress the importance of the supervisor’s role.

To understand that you are not alone.



Section A. IntroductionSection A. Introduction

Pages 1 through 5 of the Pages 1 through 5 of the Supervisor’s GuideSupervisor’s Guide



A.A. IntroductionIntroduction1. Sources of Benefits1. Sources of BenefitsPage 1 of the Guide

The Attendance Rules form the foundation of the State’s leave policy.

Provisions of the bargaining agreements modify the Attendance Rules.

Other sources include state and federal law, such as the Family and Medical Leave Act (FMLA), Military Law, and Workers’ Compensation Law.

Agency policies and procedures impact on administration of leave benefits.



A.A. IntroductionIntroduction2. Purposes of Benefits2. Purposes of BenefitsPages 1-2 of the Guide

Each benefit (vacation, sick, personal leave) is designed to meet specific employee needs.

Protect employees from loss of earnings when absent from work.

Improve employee morale. Allow State to plan for absences in advance. In retirement, accrued sick leave can be used for

service credit and health insurance.



A.A. IntroductionIntroduction3. About This Guide3. About This GuidePages 2-3 of the Guide

This Guide: Assists in the interpretation and application of

the Attendance Rules and related provisions of the collective bargaining agreements.

Provides information on how to communicate attendance expectations to employees, and how to identify and address inappropriate leave use.



Addresses only broad policies and common procedures. Supervisors must also become familiar with agency-specific policies and procedures.

Does not supersede bargaining agreements, laws, rules or regulations, or otherwise authorized department or agency policy or practice.





The Guide is divided into sections. Each section addresses a major leave category.

Within each leave category is a:– General overview of the benefit– Description of the supervisor’s role in

administering the benefit– Listing of related contract provisions

There is a final section on the supervisor’s role in monitoring leave use.



A. IntroductionA. Introduction3. About This Guide3. About This GuidePages 2-3 of the Guide

FMLA Notes are inserted throughout the Guide to emphasize the effect of FMLA.

Bargaining Unit abbreviations and descriptions can be found on pages 4 and 5.

Appendix 1, Family and Medical Leave Act, pages 71 through 84, provides background information on the FMLA.



A.A. IntroductionIntroduction5. 5. Objectives for SupervisorsObjectives for SupervisorsPage 3 of the Guide

1. Be able to use the Supervisor’s Guide to Attendance and Leave Benefits as an on-the-job resource.

2. Understand that attendance and leave benefits are derived from multiple sources – Attendance Rules, bargaining agreements, and State and federal laws.



A. IntroductionA. Introduction 5. 5. Objectives for SupervisorsObjectives for Supervisors

Pages 3 of the Guide

3.Understand how agency-specific policies and procedures affect the administration of leave benefits.

4. Understand your role in administering leave benefits and monitoring leave use.

5. Understand that you are not alone and recognize when to bring issues to the personnel and/or employee relations office.



Describes benefits for full-time annual salaried employees subject to the Civil Service Attendance Rules.

Does not cover benefits for part-time, hourly, per diem, or seasonal employees.

A.A. IntroductionIntroduction4. Coverage of this Guide4. Coverage of this GuidePages 3 of the Guide



A.A. IntroductionIntroduction6. Bargaining Units6. Bargaining UnitsPages 4-5 of the Guide

ASU ISU OSU ALES M/C

RRSU PS&T SSpU SSU



Section B. Section B. Attendance and Leave BasicsAttendance and Leave Basics

Pages 6 through 11 of the Pages 6 through 11 of the Supervisor’s GuideSupervisor’s Guide



B.B. Attendance and Leave BasicsAttendance and Leave Basics1. & 2. Workday/Workweek1. & 2. Workday/WorkweekPage 6 of the Guide

The basic workweek is either 37.5 or 40 hours.

The normal workday is 7.5 hours or 8 hours respectively.

Employees may be directed to work additional hours beyond their basic workweek.



B.B. Attendance and Leave BasicsAttendance and Leave Basics3. Work Schedules3. Work SchedulesPage 6 of the Guide

Normal work schedules and changes in work schedules may be governed by the bargaining agreements.

Supervisors should contact the agency personnel or labor relations office.



B.B. Attendance and Leave BasicsAttendance and Leave Basics4. Alternative Work Schedules4. Alternative Work SchedulesPage 6 of the Guide

Include schedules like: – staggered hours (different fixed starting times) – compressed workweek (work fewer than 5

days/week, longer days)– compressed pay period (work fewer than 10

days/pay period, longer days)

Offered at agency discretion based on program needs subject to approval by GOER and DCS.



B.B. Attendance and Leave BasicsAttendance and Leave Basics5. Work Schedule Adjustments5. Work Schedule AdjustmentsPages 6-7 of the Guide

The condition precedent to a work schedule adjustment is that an agency requires employee to work additional hours.

Employee may have a work schedule adjustment only with supervisory approval.

Overtime eligible - must be hour for hour and occur within Thursday through Wednesday payroll workweek.

Overtime ineligible – must have been required to work a significant number of additional hours and adjustment must occur within biweekly pay period. Hour for hour is not an entitlement since these employees are required to work until the job is completed.

Contact personnel office to determine availability in your agency.



B.B. Attendance and Leave BasicsAttendance and Leave Basics6. Individualized Work Schedules6. Individualized Work Schedules Page 7 of the Guide

Condition precedent to individualized work schedule is that an employee requests a change in schedule for a limited time based on special circumstances.

Subject to supervisory approval. Overtime eligible - must account for 37.5 or 40 hours in

Thursday-Wednesday payroll workweek. Overtime ineligible - must account for 75 or 80 hours in

biweekly pay period. Contact the personnel office to determine availability in

your agency.



B.B. Attendance and Leave BasicsAttendance and Leave Basics7. Meal and Rest Periods7. Meal and Rest PeriodsPages 7-8 of the Guide

Meal periods should be at least 1/2 hour.

Rest periods are at agency discretion and should not exceed 15 minutes each.

Rest periods can not extend meal periods or shorten workday.



B. Attendance and Leave BasicsB. Attendance and Leave Basics8. Record of Attendance8. Record of AttendancePage 8 of the Guide

An adequate and accurate time record must be maintained for each employee.

Falsification of time records is a serious violation.



B.B. Attendance and Leave BasicsAttendance and Leave Basics9. through 11. Tardiness9. through 11. TardinessPages 8-9 of the Guide

Tardiness is arrival at work after the scheduled beginning of the employee’s workday, or a return to work late from meals without the approval of the supervisor.



B.B. Attendance and Leave BasicsAttendance and Leave Basics9. through 11. Tardiness9. through 11. TardinessPages 8-9 of the Guide

Many agencies have tardiness penalty schedules. (This is not discipline.)

Overtime ineligible employees are not subject to agency tardiness penalty schedules.



B. Attendance and Leave BasicsB. Attendance and Leave Basics9. through 11. Tardiness9. through 11. TardinessPages 8-9 of the Guide

Tardiness which has been or should have been designated as FMLA is not subject to penalty or discipline.

Tardiness of certain emergency volunteers may be excused. In some bargaining units, it must be excused.



B. Attendance and Leave BasicsB. Attendance and Leave Basics9. through 11. Tardiness9. through 11. TardinessPages 8-9 of the Guide

Add agency information here.



B.B. Attendance and Leave BasicsAttendance and Leave Basics12. Call-in12. Call-inPages 9-10 of the Guide

Many agencies have call-in policies. Attendance Rules require call-in on first day

of absence within two hours of start time. Agency policies may require call-in each day

of absence when the duration of the absence is not established.

Specify the person the employee must call.



B. Attendance and Leave BasicsB. Attendance and Leave Basics12. Call-in12. Call-in

Add agency information here.



B.B. Attendance and Leave BasicsAttendance and Leave BasicsSupervisor’s RoleSupervisor’s RolePage 10 of the Guide

Become familiar with State and agency policies regarding working hours, work schedules, meal periods, rest periods, and tardiness.

Communicate policies and requirements to your employees.

Ensure accurate records of attendance are maintained.



Section C. HolidaysSection C. Holidays

Pages 12 through 16Pages 12 through 16of the Supervisor’s Guideof the Supervisor’s Guide



C.C. HolidaysHolidaysPages 12-16 of the Guide

Annual election period to waive holiday pay for work on a holiday and receive holiday leave.

M/C employees Grade 23 and above can only receive holiday leave.

Overtime eligible employees receive holiday compensation (pay or leave) for work on a holiday during hours that correspond to regular shift up to 7.5 or 8 hours.



C. HolidaysC. HolidaysPages 12-16 of the Guide

Overtime ineligible employees receive holiday compensation (pay or leave) for first 7.5 or 8 hours worked on a holiday.

To be credited with a floating holiday employees must be in full pay status for a portion of the day.

Floating holidays lapse each year. In some bargaining units holiday leave

lapses each year.



C.C. HolidaysHolidays

Add agency specific information on Holidays here.



C.C. HolidaysHolidaysSupervisor’s RoleSupervisor’s RolePage 14 of the Guide

Ensure that employees have an opportunity to file holiday pay waivers during the annual election period.

Remind employees of dates on which holiday leave and floating holiday leave will lapse.

Contact your personnel office with questions.

Section D. Vacation LeaveSection D. Vacation Leave






D.D. Vacation LeaveVacation Leave Pages 17-22 of the Guide

Employees earn between 13 and 25 days per year.

To earn, employee must be in full pay status 7 of 10 days in pay period (Exception - see Appendix 2, Compressed Work Schedule Accrual Chart).



D.D. Vacation LeaveVacation LeavePages 17-22 of the Guide

The vacation accrual maximum is 40 days. In most bargaining units, employees can exceed the maximum until the “cut-back” date.

A lump sum payment for up to 30 days is paid at separation.



D.D. Vacation Leave Vacation Leave

Add agency specific information on Vacation Leave here.



D. Vacation Leave D. Vacation Leave Supervisor’s RoleSupervisor’s RolePages 18-19 of the Guide

Review vacation scheduling provisions of bargaining agreements for employees under your supervision.

Respond to requests promptly. Use good judgment in considering emergency use. Monitor vacation balances, and encourage

scheduling to avoid forfeiture. Contact your personnel office with questions.



Section E. Personal LeaveSection E. Personal Leave




E.E. Personal LeavePersonal LeavePages 23-24 of the Guide

Employees must request use in advance except in emergencies.

Employees cannot be required to give a reason when seeking prior approval.

Employees seeking reconsideration of denials need to provide sufficient information.

Personal leave for religious observance must be given special consideration.



E. Personal Leave E. Personal Leave Supervisor’s RoleSupervisor’s Role Page 23 of the Guide

Require prior approval except in case of emergency.

Respond promptly to requests. Remember employee cannot be required to

provide a reason when seeking prior approval. Reconsider denials when employee provides

additional information. Contact your personnel office with questions.



Section F. Sick LeaveSection F. Sick Leave




F.F. Sick LeaveSick Leave Pages 25-34 of the Guide

Sick leave protects employees from loss of income due to personal illness, visits to the doctor, dentist, etc., and illness or death in the family.

Sick leave credits may be used in retirement for additional service credit and to pay for health insurance.



F.F. Sick LeaveSick Leave1. Accruing Sick Leave1. Accruing Sick Leave

Page 25 of the Guide

Employees accrue 8 or 13 days per year depending on bargaining unit, date of hire, and whether they participate in the Income Protection Plan (IPP).

Employees who earn sick leave on a biweekly basis must be in full pay status for 7 out of 10 days in a biweekly pay period. (Exception - see Appendix 2 for Compressed Work Schedule Accrual Chart.)



F.F. Sick LeaveSick Leave2. Proper Use of Sick Leave2. Proper Use of Sick LeavePages 25-26 of the Guide

Absences appropriately charged to sick leave generally must be charged to sick leave first until sick leave is exhausted unless: – the employee is about to lose vacation or personal

leave, or – in the case of FMLA where the employee may

elect to go on leave without pay or use other leave accruals even if sick leave is available.



F.F. Sick LeaveSick Leave2. Proper Use of Sick Leave2. Proper Use of Sick LeavePages 25-26 of the Guide

Employees who have exhausted sick leave must be permitted to use other credits subject to same procedures and documentation requirements that apply to sick leave use.

The use of other credits may be denied for certain short-term absences to employees in the ISU who have been given prior notice that they have attendance problems.



Employees may use up to 15 days of accumulated sick leave credit per year for death or illness in the family.

Appropriate use of leave for illness or death in the family should be discussed with the personnel office.

F. Sick LeaveF. Sick Leave3. Family Sick Leave/Bereavement Leave3. Family Sick Leave/Bereavement LeavePages 26-27 of the Guide



F. Sick LeaveF. Sick Leave3. Family Sick Leave/Bereavement Leave3. Family Sick Leave/Bereavement LeavePages 26-27 of the Guide

Definition of family under the Attendance Rules: any relative or relative-in-law, regardless of place of residence, or any person who lives in the employee’s household.

Bargaining agreements with SSU, SSpU and ALES contain a different definition of family.



F. Sick LeaveF. Sick Leave5. Medical5. Medical DocumentationDocumentationPages 27-29 of the Guide

Consult with the personnel office when dealing with the issue of medical documentation.

Prevent unauthorized disclosure of medical information.

Become familiar with agency procedures for confidential medical documentation.



Subject to limitations in the applicable bargaining agreement, medical documentation may be required before approving use of sick leave.

Be aware that the FMLA has special medical documentation requirements.





Satisfactory documentation contains:– Brief diagnosis (In certain units a brief diagnosis will not be required as part

of any required medical documentation unless the employee has been absent from work due to illness or injury for more than 30 consecutive calendar days.)

– Dates of illness covered by the documentation and dates of treatment.

– Certification that employee is unable to perform his/her duties due to the illness.

– Anticipated date of return to duty.

– Signature of the practitioner.




Appropriate medical practitioners are listed in Section F.

Concerns about the acceptability of documentation should be discussed with the personnel office.

If documentation is not satisfactory, the employee should be advised of what is required and given reasonable time to obtain it.



F. Sick LeaveF. Sick Leave6. Medical6. Medical ExaminationExaminationPage 29 of the Guide

The agency may require a medical examination at agency expense as a condition of:

- use of sick leave - return to work

If necessary, the agency may delay an employee’s return to work pending a medical examination.

This exam may be in addition to any medical documentation the employee may be required to provide.



F.F. Sick LeaveSick LeaveSections 71 and 73 of the Sections 71 and 73 of the Civil Service LawCivil Service LawPage 29 of the Guide

Section 71 allows for termination of an employee absent for one cumulative year due to occupational injury or illness, or two cumulative years if the injury was due to an assault.

Section 73 allows for termination of an employee absent for one continuous year due to a non-occupational injury or illness.

Employees terminated under these sections may apply to the Civil Service Commission for reinstatement within one year of recovery.



F.F. Sick LeaveSick LeaveAgency Specific PoliciesAgency Specific Policies

Add agency specific information on Sick Leave here.



F.F. Sick LeaveSick LeaveSupervisor’s RoleSupervisor’s RolePage 30 of the Guide

Communicate attendance expectations to your employees.

Ensure that accurate attendance records are maintained.

Discuss medical documentation issues with the personnel office.

Notify the personnel office if an absence may be FMLA-qualifying.



Section G.Section G.Sick Leave at Half-PaySick Leave at Half-Pay




G.G. Sick Leave at Half-PaySick Leave at Half-PayPages 35-36 of the Guide

Sick leave at half-pay is available for personal illness after leave credits are exhausted.

Employees are eligible for one biweekly payroll period of sick leave at half-pay for each six months of State service.

Sick leave at half-pay is not available to employees in the IPP.



G.G. Sick Leave at Half-PaySick Leave at Half-PayPages 35-36 of the Guide

Eligibility will be determined based on the employee’s bargaining unit.



G.G. Sick Leave at Half-PaySick Leave at Half-PaySupervisor’sSupervisor’s RoleRole


Notify the personnel office when an employee is out due to personal illness or is close to exhausting leave credits.

Be sure employees are aware of agency procedures for requesting sick leave at half-pay.



Section H.Section H.Income Protection PlanIncome Protection Plan




H.H. Income Protection PlanIncome Protection PlanPages 37-38 of the Guide

The IPP is a short- and long-term disability insurance program.

Employees enrolled in IPP earn 8 days of sick leave per year.

Available to M/C and RRSU-represented employees.

Refer questions on the IPP to the personnel office.

Ensure time records for IPP participants are correctly completed.

Be aware of the waiting period and notify the personnel office when employees under your supervision may be come eligible to receive benefits under the IPP.



H.H. Income Protection PlanIncome Protection PlanSupervisor’s RoleSupervisor’s RolePage 38 of the Guide



Section I.Section I.Workers' CompensationWorkers' Compensation




I.I. Workers’ CompensationWorkers’ CompensationPages 39-40 of the Guide

Workers’ Compensation protects employees in the event of an on-the-job injury or occupational disease.

Benefits vary by bargaining unit and date of accident.

The type and level of protection is described in the bargaining agreements, Civil Service Law, the Attendance Rules, and the Workers’ Compensation Law.



The State Insurance Fund is the State’s insurer.

Absences due to occupational injury or illness are appropriately designated as FMLA leave.

I.I. Workers’ CompensationWorkers’ CompensationPages 39-40 of the Guide



I. Workers’ CompensationI. Workers’ CompensationSupervisor’s RoleSupervisor’s RolePage 40 of the Guide

Advise the employee to seek immediate emergency care if possible.

Report accident to the personnel office immediately.

Make sure the accident has been reported to the Accident Reporting System (ARS) by you or employee.



I. Workers’ CompensationI. Workers’ CompensationSupervisor’s RoleSupervisor’s RolePage 40 of the Guide

Investigate the accident and report the findings in writing to the personnel office.

Maintain a record of employee absences due to the job-related disability.



Section J.Section J.Pregnancy, Childbirth, and Pregnancy, Childbirth, and

Child CareChild Care




J.J. Pregnancy, Childbirth, and Child CarePregnancy, Childbirth, and Child CarePages 41-42 of the Guide

State policy recognizes disability for the mother four weeks prior to due date and six weeks following delivery without detailed medical documentation.

After childbirth, employees are entitled to up to seven months unpaid leave for childcare. Additional leave is at appointing authority discretion. Where both parents are State employees, leave can be split.



Child care leave is also available to adoptive parents.

Employees may delay or interrupt their leave if the child is hospitalized.

Leave for pregnancy, childbirth, child care and adoption is generally designated as FMLA leave.


Expressing Breast Milk in the Workplace

Certain employees who are breast feeding may be entitled to express breast milk in the workplace during meal periods and paid rest breaks, and may be entitled to certain schedule adjustments or to additional rest periods for this purpose which are unpaid unless the employee elects to charge leave credits other than sick leave.






J.J. Pregnancy, Childbirth, and Child CarePregnancy, Childbirth, and Child CareSupervisor’s RoleSupervisor’s RolePage 42 of the Guide

Refer questions to the personnel office.



Section K.Section K.Family and Medical Leave Act Family and Medical Leave Act

(FMLA)(FMLA)




The law provides eligible employees the right to take leave, unpaid or charged to appropriate leave credits, for a period of up to 12 workweeks in a calendar year due to:

– Childbirth, adoption, or foster care placement.– Need to care for a family member with a

serious health condition.– The employee’s own serious health condition.

K. Family and Medical Leave Act (FMLA)K. Family and Medical Leave Act (FMLA)Pages 43-44 of the Guide

- Qualifying exigency leave for certain purposes when an employee’s spouse, son, daughter or parent in the Armed Forces is on or called to covered active duty.

- Military caregiver leave available to spouse, parent, son, daughter or next of kin to care for a covered servicemember with a serious injury or illness incurred in the line of duty (26 weeks of FMLA leave in a 12-month period.)







The employee does not need to specifically ask for FMLA leave as long as sufficient information is provided so the agency knows the absence is FMLA-qualifying.

Advise the personnel office immediately of any absence which may be FMLA-qualifying.



K.K. Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)1. Eligibility1. Eligibility Pages 44-45 of the Guide

To be eligible under the FMLA, an employee:

1) Must have been employed by the State for 12 cumulative months and

2) Must have worked at least 1250 hours during the 12 continuous months prior to the start of the leave.



K.K. Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)1. Eligibility1. EligibilityPages 44-45 of the Guide

Definition of a serious health condition can be

found in Appendix 1, Family and Medical Leave

Act, pages 74 through 75.



K. Family and Medical Leave Act (FMLA)K. Family and Medical Leave Act (FMLA) 2. Medical Documentation 2. Medical Documentation Pages 45-46 of the Guide

There are certain restrictions on the type and frequency of medical documentation.

There are certain restrictions on who can contact an employee’s health care provider. Supervisors are NOT allowed to contact the employee’s health care provider.

Employee has 15 days from date of request for medical documentation to provide it.



K. Family and Medical Leave Act (FMLA)K. Family and Medical Leave Act (FMLA)3. Protection of Employees3. Protection of Employees


Employees may not be counseled or disciplined or suffer any adverse personnel actions as a result of absences that are or should have been designated as FMLA leave.



Absences that are or should have been designated as FMLA leave cannot be counted as instances or occasions under agency sick leave control programs.

K. Family and Medical Leave Act (FMLA)K. Family and Medical Leave Act (FMLA)3. Protection of Employees3. Protection of Employees




K.K. Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Supervisor’s RoleSupervisor’s Role Page 46 of the Guide

Be sure employees are aware of the availability of FMLA and their option to use credits.

Notify the personnel office immediately of any information you receive from an employee that an absence might be FMLA-qualifying.



K. Family and Medical Leave Act (FMLA)K. Family and Medical Leave Act (FMLA) Supervisor’s Role Supervisor’s Role


If absences are intermittent be sure they are noted as FMLA absences on the time records.

Refer all FMLA issues to your agency personnel office.



Section L. Leave DonationSection L. Leave Donation




L.L. Leave Donation ProgramLeave Donation Program Pages 47-49 of the Guide

The program is intended to assist employees, who because of long-term personal illness, have exhausted their leave credits.

It allows fellow employees to donate vacation credits for use by the ill person.

Donations may be made to employees in the same department or agency as well as to both family members and non-family members employed in different agencies.

The Attendance Rules definition of family applies for this purpose for all units.



L.L. Leave Donation ProgramLeave Donation ProgramSupervisor’s RoleSupervisor’s RolePage 49 of the Guide

Ensure your employees are aware of this program.

Notify the personnel office of employees who may become eligible.

Ensure leave records for donors and recipients are completed correctly.




Section M. Other LeavesSection M. Other Leaves




M.M. Other LeavesOther Leaves1. Employee Organization Leave1. Employee Organization LeavePage 50-52 of the Guide

EOL is leave to conduct union business. Use should not be unreasonably denied. Use should not be granted when it would

interfere with operating needs. Supervisors have a right to know purpose,

(excluding details), time required, and where employee can be reached.



M.M. Other LeavesOther Leaves1. Employee Organization Leave1. Employee Organization LeaveSupervisor’s RoleSupervisor’s RolePages 51-52 of the Guide

Primary responsibility of State employee is to provide services to the State.

Monitor to ensure proper use.

Contact your employee relations office with questions.



M.M. Other LeavesOther Leaves2. Court Appearance/Jury Duty2. Court Appearance/Jury DutyPages 52-53 of the Guide

Employees are entitled to paid leave– to perform jury duty– for ordered appearances in court or

before quasi-judicial bodies, if they are not a party to the action



M. Other LeavesM. Other Leaves2. Court Appearance/Jury Duty2. Court Appearance/Jury Duty

Pages 52-53 of the Guide

Overtime ineligible employees receive paid leave for ordered appearances of less than a Thursday-Wednesday workweek, even if they are parties to the action.



M. Other LeavesM. Other Leaves2. Court Appearance/Jury Duty2. Court Appearance/Jury Duty Pages 52-53 of the Guide

Employees can be encouraged, but not required, to seek postponement.

Employees are required to report to work when not in court.

In certain situations, schedule changes may be made for employees who do not work the day shift.



M. Other LeavesM. Other Leaves2. Court Appearance/Jury Duty 2. Court Appearance/Jury Duty

Supervisor’s Role Supervisor’s Role Page 53 of the Guide

Communicate expectations to employees concerning reporting to work before and after jury duty or court appearances, as well as any documentation requirements.

Discuss any schedule changes with the personnel office.



M. Other LeavesM. Other Leaves3. Civil Service Examinations3. Civil Service ExaminationsPages 53-54 of the Guide

With sufficient notice, employees are entitled to leave with pay to: – take a NYS Civil Service examination

scheduled during working hours – be interviewed for a State position if

employee didn’t initiate interview Some bargaining units have provisions

regarding time off prior to a Civil Service exam.



M.M. Other LeavesOther Leaves3. Civil Service Examinations 3. Civil Service Examinations Supervisor’s RoleSupervisor’s Role Page 54 of the Guide

Make employees aware of procedures and requirements for requesting time off.

Discuss issues concerning time off and return to work with the personnel office.



M.M. Other LeavesOther Leaves4. Military Leave4. Military LeavePages 54-55 of the Guide

Section 242 of the NYS Military Law provides reservists and National Guard members with leave at full pay for up to 30 calendar days or 22 workdays in a calendar year or a continuous period of ordered military duty spanning more than one calendar year.



M. Other LeavesM. Other Leaves4. Military Leave4. Military Leave


State employees are also covered by federal military law (USERRA).

The State may negotiate special military benefits for periods of crisis.



M.M. Other LeavesOther Leaves4. Military Leave 4. Military Leave Supervisor’s Role Supervisor’s Role Page 55 of the Guide

Refer military leave requests to the personnel office.



M.M. Other LeavesOther Leaves5. Time Off to Vote5. Time Off to Vote Pages 55-56 of the Guide

Employees who must work Election Day are entitled to up to 2 hours of time off if they do not have sufficient time to vote outside work hours.

Sufficient time is 4 hours between opening of polls and start of shift or 4 hours between end of shift and closing of polls.



M.M. Other LeavesOther Leaves5. Time Off to Vote5. Time Off to Vote Supervisor’s RoleSupervisor’s Role Page 56 of the Guide

Refer requests for time off to the personnel office.



M.M. Other LeavesOther Leaves6. Extraordinary Circumstances6. Extraordinary CircumstancesPages 56-57 of the Guide

Defined as emergency situations such as severe weather conditions or building conditions which affect the ability to report to work or which make it unsafe to remain at work.

Full-day absences must be charged to leave credits. In certain situations, the Civil Service Commission may suspend the Attendance rules to excuse full-day absences.



Only GOER may authorize agency heads to direct early departure of non-essential employees without charge to leave credits.

Employees must be at work at the time of the directed early departure to be covered. Employees who left prior to the directed early departure must charge credits from the time they left work to the end of their shift.

Supervisors cannot send employees home without charge to leave credits.

M.M. Other LeavesOther Leaves6. Extraordinary Circumstances6. Extraordinary CircumstancesPage 56 of the Guide



Become familiar with agency procedures and communicate them to your employees.

Notify personnel office of workplace conditions which may warrant a directed early departure.

M.M. Other LeavesOther Leaves6. Extraordinary Circumstances6. Extraordinary CircumstancesSupervisor’s RoleSupervisor’s RolePage 57 of the Guide



M.M. Other LeavesOther Leaves7. Professional Meeting Leave7. Professional Meeting LeavePages 57-59 of the Guide

Professional Meeting Leave is used to attend conferences or seminars of recognized professional organizations where the conference is related to the employee’s profession or professional duties.

In some bargaining units it may also be used to attend programs necessary for employees to obtain or maintain licensure or accreditation in their position with the State.



M.M. Other LeavesOther Leaves7. Leave for Professional Examinations7. Leave for Professional ExaminationsPages 57-59 of the Guide

Professional Examination Leave is leave to participate in a professional exam in the employee’s discipline.



M.M. Other LeavesOther Leaves7. Professional Meeting Leave and 7. Professional Meeting Leave and Professional Examination Leave Professional Examination Leave Supervisor’s RoleSupervisor’s RolePage 57 of the Guide




Overtime eligible employees whose basic work week is 37.5 hours, who are directed to work overtime, earn compensatory time for time worked between 37.5 and 40 hours.

Overtime compensatory time must be liquidated by the end of the fiscal year following the fiscal year in which it was earned.

Not available to overtime ineligible employees.

M.M. Other LeavesOther Leaves9. Overtime Compensatory Time9. Overtime Compensatory Time Page 60 of the Guide

M. Other LeavesM. Other Leaves9. Overtime Compensatory Time 9. Overtime Compensatory Time Supervisor’s RoleSupervisor’s Role Page 60 of the Guide

Make sure your employees are aware of the dates unused overtime compensatory time will lapse.

Ensure time records are accurate.

Contact your personnel office with questions


Slide 112Updated April 2, 2007



M.M. Other LeavesOther Leaves10. Compensatory Time for 10. Compensatory Time for Hours Over 40 Hours Over 40 Pages 60-61 of the Guide

Employees in certain bargaining units may elect to receive compensatory time at time and a half rate for hours worked over 40 in a workweek instead of overtime pay.



M.M. Other LeavesOther Leaves10. Compensatory Time for 10. Compensatory Time for Hours Over 40 Hours Over 40 Supervisor’s Role Supervisor’s Role Page 60 of the Guide

Make sure eligible employees under your supervision are aware of this option.

Ensure time records are accurate.




Section N.Section N.Supervisor’s Role in Supervisor’s Role in Monitoring Leave UseMonitoring Leave Use




N. Supervisor’s Role in Monitoring Leave UseN. Supervisor’s Role in Monitoring Leave UsePage 62 of the Guide

Supervisors play a critical role in:– communicating policies and

requirements to employees– identifying and correcting attendance

problems



N. Supervisor’s Role in Monitoring Leave Use N. Supervisor’s Role in Monitoring Leave Use 2. Definitions2. Definitions


Authorized Absence: One for which approval is given either in advance or after the fact.

Scheduled Absence: One for which advance notice can be given.

Authorized but Unscheduled Absence: One for which advance notice was not given but which is approved after the fact.



N. Supervisor’s Role in Monitoring Leave Use N. Supervisor’s Role in Monitoring Leave Use 2. Definitions2. Definitions

Page 62-64 of the Guide

Unauthorized Absence: One for which supervisor does not give approval.

Tardiness: Arrival after the start of the employee’s workday or return to work after the designated meal period has expired.



N. Supervisor’s Role in Monitoring N. Supervisor’s Role in Monitoring Leave UseLeave Use 3. Preventing Attendance Problems 3. Preventing Attendance Problems Pages 64-66 of the Guide

Communicate attendance policies and expectations.

Apply policies in an equitable manner. Ensure that leave benefits are used

properly.




Make employees aware that:– attendance records are reviewed regularly– absenteeism creates a hardship on co-

workers and affects the productivity of the work unit

– absenteeism affects performance evaluation– attendance problems can lead to discipline or

even dismissal




Enforce agency call-in requirements. Discuss medical documentation

requirements with the personnel office. Be aware of the impact of working

conditions and job dissatisfaction on attendance.



Some indicators of possible attendance problems:– Frequency: Excessive unscheduled absences– Patterns: Single day absences to extend

weekends, bridge holidays, etc.– Length: Excessively long absence

Discuss potential problems with personnel or employee relations office.

Keep accurate records.

N. Supervisor’s Role In Monitoring N. Supervisor’s Role In Monitoring Leave UseLeave Use

4. Identification of Problems4. Identification of Problems Pages 66-67 of the Guide



N. Supervisor’s Role In Monitoring N. Supervisor’s Role In Monitoring Leave UseLeave Use 4. Identification of Problems 4. Identification of Problems Pages 66-67 of the Guide

Each case must be handled individually, based on the facts and circumstances.

Remember that employees with good attendance records will have periods when health, family, or other personal problems can affect their attendance.

Absences protected by the FMLA cannot be counted as instances or occasions under agency sick leave control programs. Employees cannot be counseled or disciplined for FMLA absences.



NN. . Supervisor’s Role In Monitoring Leave UseSupervisor’s Role In Monitoring Leave Use 5. Addressing the Problem 5. Addressing the Problem A. Informal Intervention A. Informal Intervention Pages 67-68 of the Guide

Conversation or informal discussion to reinforce and clarify expectations with the employee:

1. Provide feedback on attendance problem

2. Coach employee on ways to correct the problem

Address problems early



N.N. Supervisor’s Role In Monitoring Leave UseSupervisor’s Role In Monitoring Leave Use5. Addressing the Problem5. Addressing the ProblemB. Formal InterventionB. Formal Intervention Pages 68-70 of the Guide

When informal intervention does not succeed,supervisors should discuss formal intervention with the employee relations office.

Employees cannot be counseled or disciplined for absences protected by the FMLA. FMLA absences cannot be counted as instances or occasions under agency sick leave control programs.



N.N. Supervisor’s Role In Monitoring Leave UseSupervisor’s Role In Monitoring Leave Use5. Addressing the Problem5. Addressing the ProblemB. Formal InterventionB. Formal Intervention Pages 68-70 of the Guide

Types of Formal Intervention: 1. Performance Evaluation Conference –

attendance is a critical part of performance2. Counseling – positive, non-punitive counseling memos establish a formal record

3. Discipline – consistent, progressive 4. CSEA T&A Disciplinary Process



Review of the ObjectivesReview of the Objectives

1. Use the Supervisor’s Guide as an on-the-job resource.

2. Understand the attendance and leave benefits are derived from multiple sources.

3. Understand how agency-specific policies and procedures affect the administration of leave benefits.

4. Understand your role.5. Understand that you are not alone.



Next StepsNext Steps

Use the Supervisor’s Guide.

Use the Participant Journal.

Call your Personnel Office whenever you have questions.

“Save the Date” for the Follow-up Session.

Fill out the Participant Information Form.



Thank You for Attending this

Briefing for Supervisors

Introducing theSupervisor’s Guide to Supervisor’s Guide to

Attendance and Leave BenefitsAttendance and Leave Benefits

Documents

Supervisor’s Guide to Attendance and Leave Benefits Copyright © Governor’s Office of Employee Relations 2010 Updated June 15, 2010 Briefing for Supervisors