2007-2011

PROFESSIONAL, SCIENTIFIC

AND

TECHNICAL SERVICES UNIT

AGREEMENT

MEMORANDUM OF UNDERSTANDING

NEW YORK STATE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO

Concerning

LEAVE DONATION/EXCHANGE PROGRAM

The State agrees to continue the Leave Donation/Exchange Program providing for the donation of annual leave credits to employees absent due to long-term personal illness.  The intent of this program is to assist such employees who, because of long term illness, have exhausted their accrued leave credits and are subject to a severe loss of income during a continuing absence from work.

v  Donations may be made by PEF-represented employees to other PEF-represented employees who meet the following eligibility requirements:

•      are employed in any agency;

•      are subject to the Attendance Rules of the Department of Civil Service, or agency attendance rules established pursuant to Section 136 of the Civil Service Law, or the attendance rules established by the Education Commissioner's Regulations (Chapter 7 of the Regulations of the Commissioner of Education pursuant to Sections 4307 and 4354 of the Education Law), and are otherwise eligible to earn leave credits;

•      are absent due to a non-occupational, personal illness or disability for which they have submitted (and continue to submit as requested) medical documentation satisfactory to management;

•      have exhausted all leave credits;

•      are expected to be absent for at least two bi-weekly payroll periods following exhaustion of leave credits or sick leave at half-pay; and,

•      must not have had any disciplinary actions, or unsatisfactory performance evaluations within their last three years of State employment.

v  Recipients do not earn leave credits or accrue eligibility for sick leave at half-pay while using donated credits.

v  Donations can be utilized in full-day units upon exhaustion of all leave credits prior to sick leave at half-pay, or in full or half-day units upon exhaustion of their sick leave at half-pay eligibility.

v  Donations can be made from annual leave only.

v  Donations must be made in full-day (7.5 or 8 hours) units.

v  An employee's continuing eligibility to participate in the program will be reviewed at least every 30 days.

v  Employees can be terminated by operation of law, rule or regulation, even if they have received donations that would carry them on the payroll beyond the termination date. (Examples include layoff, termination of temporary employment, and termination under Section 73 of the Civil Service Law after one continuous year of absence.)

v  The employee, co-workers or local union representatives may solicit donations; the employing agency does not solicit donations.

v  Donor identity is kept strictly confidential.

v  Donors must retain a minimum balance of at least 10 days of annual leave standing to their credit after making a donation. Donors cannot donate vacation that they would otherwise forfeit.  

v  Donations made across agency lines shall be used prior to donations made within an agency. Donated credits not used by recipients are returned to donors, provided the donor is employed in the same agency as the recipient. Donated credits from employees outside the agency will not be returned.

v  The Personnel/Payroll Office of the employing agency or facility will be responsible for verifying medical documentation, reviewing eligibility requirements, approving and processing donations, confirming employee acceptance of donations, and transferring credits.

v  The program will not be subject to the grievance procedure.

v  Leave Donation Exchange

The following provisions allow for PEF-represented employees to participate in the voluntary donation or receipt of accrued vacation credits with other bargaining units or M/C employees:

•      Vacation credits may only be donated, received, or credited between employees who are deemed eligible to participate in an authorized leave donation program, provided that there are simultaneously in effect a Leave Donation Exchange Memorandum of Agreement between the Governor's Office of Employee Relations and the employee organizations representing both the proposed recipient and the proposed donor, or applicable attendance rules for managerial and confidential employees.

•      The donations are governed by the provisions of the program applicable to the donor; receipt, crediting and use of donations are governed by the provisions of the program applicable to the recipient.