Section 9
- The regular holidays with pay shall be as follows:
New Year's Day
Martin Luther King, Jr. Day
Lincoln's Birthday *
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Election Day
Thanksgiving Day
Christmas Day
January 1st
Third Monday in January
February 12th
Third Monday in February
Last Monday in May
July 4th
First Monday in September
Second Monday in October
November 11th (or other date established by NYS Legislature)
First Tuesday following the First Monday in November
Fourth Thursday in November
December 25th
* See Section 9(c)
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When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a
holiday falls on a Sunday, it shall be observed on the following Monday. However, when
an agency head deems it necessary to keep facilities open on both Monday and Friday,
employees may be scheduled to take time off on either the Monday or Friday. 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 be
entitled to one compensatory day off in lieu of the holiday.
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Effective January 1, 1997, an Employee shall be entitled to one floating holiday in each
calendar year during which the employee is in active pay status with the Employer prior
to Lincoln's Birthday of such calendar year, subject to the following conditions:
- The floating holiday shall be taken at the employee's discretion, subject to the
needs of the employing agency. Employees must request to use their floating
holiday in writing at least 30 days in advance on a form supplied by the agency.
Approval or disapproval of the request shall be made on the same form by a
supervisor authorized to do so by the agency. Decisions shall be made within ten
(10) working days of submission.
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Employees wishing to use their floating holiday to observe Lincoln's Birthday
shall file such requests prior to January 15. Approval shall not be unreasonably
denied. For the purposes of this subsection, the day of observance for employees
of Mayoral agencies assigned to Board of Education facilities shall be on the day
set by the Board.
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Once a floating holiday request has been approved, the approval may not be
rescinded except in writing by the agency head, Executive Director of a Hospital
or Chief of Personnel in the Police Department. If an employee is required to
work on a floating holiday once the request for it has been approved, the
employee shall receive a fifty percent (50%) cash premium for all regularly
scheduled hours worked on the floating holiday and shall, in addition, receive
compensatory time off at the employee's regular rate of pay.
- The floating holiday must be used in the calendar year in which it is earned and
may not be carried over to a succeeding year or cashed out upon separation of
service. If the agency head calls upon an employee not to take the floating holiday
by the end of the calendar year, the floating holiday shall be carried over to the
following calendar year only.
- For employees assigned to perform work at facilities which are normally closed
on Lincoln's Birthday, such as, but not limited to, State Courts or Department of
Sanitation garages, Lincoln's Birthday shall continue to be observed as an official
holiday and the floating holiday provisions set forth in this subsection c, shall not
apply.