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NAPE/AFSCME Contract Interpretations:

Sections 14 through 14.10

(Updated 1/10/2012)
Contract Article
14 Work at home on vacation 7/16/1997 An employee was told not to take work home while on vacation leave but took a laptop home and did the work. It is something she would normally do. If it is her normal work, the agency needs to pay the employee; i.e., either credit VL, pay her or Comp time. Agency may want to issue a letter of warning - not to do it again. If it is not normal work, it is volunteer and no pay.
14.1 Holiday Pay 9/28/1997 If an employee takes the Friday off before a Monday holiday and is in an approved leave pay status, does the employee receive holiday pay? Yes, as long as the employee is in an approved leave status, the supervisor has the authority to approve pay for the holiday.
14.1 Sick Leave 5/28/1999 An employee has a time sheet with 45 hours; eight hours are holiday and three are sick leave.  How much overtime does the employee receive? Two hours.  Sick leave does not count toward the calculation of overtime.  The agency can return the sick leave so it appears it was not used.
14.1 Holiday Pay 9/10/1999 If an employee calls in sick the Friday before and the Tuesday after a Monday holiday, without a positive sick leave balance, can the employee be paid for the holiday? The statute requires that the employee be in a paid work status the day preceding and the day following the holiday, but also states "unless excused by the supervisor."  This does give the agency some discretion.
14.1 Holiday Leave 1/30/2002 An employee plans to retire and wants to be paid for July 4th, can their last day of employment be 7/4? Yes.  Employee must be in a pay status the day before and the day after the holiday, except when in an approved leave without pay status approved by the supervisor.  We would consider retirement an approved leave status.
14.1 Holiday Pay 12/28/2011 If an employee returns from FMLA on the day after a holiday, will that employee get paid for the holiday? State statute provides that a State employee has to be in a paid status the day before and the day following a holiday, to receive pay for the holiday, unless excused by his/her supervisor.  In this case the agency, at its discretion, may determine that the employee was in an excused status the day before the holiday and grant the employee pay for the holiday, since the employee was on approved leave.  If the holiday occurred when the employee was in a non-paid status the day before and the day after the holiday, the employee would not be eligible to receive pay for the holiday.
14.3 Holiday/Weekend 12/18/1997 An employee's normal work week is Sunday through Thursday. When a holiday falls on a Friday, what day does the employee get off? Either the day before the holiday or the first workday after their weekend, which ever the employee and the agency agree upon.
14.3 Weekend Holidays 8/19/1999 When does an employee take their two-day Thanksgiving holiday, when the employee's normal weekend falls on Thursday and Friday? The contract says that if the holiday is on the first day of the employee's weekend, the employee shall receive the preceding day off, and if it falls on second day of the employee's weekend, they shall received the following day off.
14.3; 14.4 Holiday Pay 6/10/1996 An employee's shift is 11 pm to 7 am, on Wed., 7/3/96. Thurs.-Fri. is reg. days off. Does agency pay time and a half for working on a holiday, when they work on Wed through Thurs am)? Is pay for all 8 hrs., or just 7/4/96 time? Pay is 1-1/2 times for the full shift. Employee observes holiday on the 3rd, which is Wed., and is the beginning of the shift.
14.4 Working on Holiday 3/22/1994 If an employee takes time off as an observed holiday (day before), then works on the actual holiday, how is it handled? The work time on the actual holiday would be computed the same as any other work day unless the employee is in an overtime status.
14.6 Holiday Pay 9/23/15 An employee, whose normal schedule is an 8 hour day, is scheduled to work 10 hours on a holiday.  Can the agency pay the employee for 10 hours of holiday leave? No. An employee can only be paid for 8 hours of holiday leave on any holiday. An employee working 10 hours on a holiday is also paid time & 1/2 for the first 8 hours worked, and is paid double time for the additional 2 hours worked.
14.6.1 Vacation Leave 7/1/2017 Can a Supervisor deny vacation leave when there are other staff to cover the employee's duties. And how long should it take a supervisor to respond to a request for leave? Management has the right to approve or deny leave requests. Denials can be based on work load/coverage. Supervisors should respond to requests for leave within a reasonable amount of time (7 calendar days).
14.7 Vacation Leave Carryover 7/1/2017 Can a NAPE covered employee carryover more than 35 days of vacation leave beyond December 31st of a calendar year? No. In unusual cases where the agency workload has absolutely prevented the employee's use of vacation leave, additional leave may be carried over by agreement between the Chief Negotiator and NAPE/AFSCME. As of 7-1-17, there is a provision that allows the paying out of vacation leave beyond 35 days provided certain criteria is met.
14.7 Vacation Leave Balance 8/23/1999 An employee is transferring from one agency to another, but has a negative vacation leave balance of four days.  How should this be handled? We advise that the employee transfer with a zero balance, and the agency that the employee is leaving, withhold four-days of pay from the final pay check, and the employee begin employment at the new agency with a zero balance.
14.7 Vacation Leave Carryover 12/7/1999 Is the 35-day carry over for permanent employee, regardless of part-time or full-time status? Anyone covered by the labor contract can carry over 35 days of vacation leave, whether they are full or part time.
14.7 Vacation Leave Carryover 1/21/2000 How do you calculate the vacation leave hours that can be carried over at the end of the year with regard to 35 days? The 35-day figure is based on an eight-hour workday.  Therefore, a total of 280 hours can be carried over.
14.9 Catastrophic Illness Donations 7/1/2009 Can an employee suffering from depression, who is receiving treatments (4 to 8 hours per month) receive catastrophic leave? (They were gone at least 30 work days during the past 6 months due to depression.) Probably not. The intent of the CID was for employees who were unable to work and earn an income. This employee is working (released by Doctor) and earning leave each month. It would not be considered "Catastrophic" to have 1 or 2 days of unpaid leave.
14.9 Catastrophic Illness Donations 8/22/1996 Can an employee accrue (earn) SL and VL while using catastrophic illness donations? Yes. They are in a paid status.
14.9 Catastrophic Illness Donations 12/23/1997 An employee has used all VL & SL & qualified for Cat. Illness donation. Employee delivered twins and was released from the hospital. When does the employee no longer qualify for CID? Can the employee begin FML? The employee no longer qualifies the day she is released from the hospital. If excess CID hours are donated but not yet transferred, they can be returned to the employees. The agency should date-stamp donations so that they can be used chronologically. The employee can begin FML the day after release from the hospital.
14.9 Catastrophic Illness Donations 8/25/1998 Is an agency required to release the name of donors and the number of days donated? No.  The donor and days donated are not public record.
14.9 Catastrophic Illness Donations 4/1/1999 An employee has requested Catastrophic Illness Donations because of stress following her daughter's illness.  Is the employee eligible for Catastrophic Illness Donations? The employee may be eligible for CID after the employee has been absent 30-days due to the stress.  Do not count any of the days absent due to the daughter's illness.  Make sure the stress is so severe that it is the cause of the absence from work.
14.9 Catastrophic Illness Donations 5/5/1999 Can Leave donations be used retroactively for previous unpaid absences? No.  There is no fair dividing line on how far back to go.  Donations should be limited for future use.
14.9 Catastrophic Illness Donations 7/1/1999 If an employee completes original probation, can a 30-day absence that occurred prior to completing original probation be considered for Catastrophic Illness Donation? As long as the employee completes original probation, and meets the other criteria, the employee qualifies for CID, even if the 30 days occurred prior to the employee completing original probation.
14.9 Catastrophic Illness Donations 1/17/2002 Does a complicated pregnancy qualify for catastrophic leave? It may or may not qualify, depending on the medical diagnosis and prognosis.
14.9 Catastrophic Illness Donations 7/1/2005 What happens to the donated hours when the recipient dies prior to using all of the time? Once the hours have been donated, they become part of the recipient's sick leave balance.  The estate receives the pay-off of one-fourth of the total hours, not to exceed 60 days.  The hours may NOT be returned to the donor.  The agency needs to transfer donated leave to the recipient’s account on an as needed basis.
14.9 Catastrophic Illness Donations 1/27/2006 One of the requirements to be eligible for Catastrophic Donations is that the employee be suffering a serious illness or injury resulting in a prolonged absence of at least thirty work days during the past six months.  If an employee is absent one hour during an 8 hour work day, can that count as one day? No.  When counting the 30 work days, an easy method to use is to multiply the 30 work days times 8 hour days to equal 240 hours, which the employee needs to be absent before they would qualify for donations, (30 X 8 = 240).
14.9 Catastrophic Illness Donations 2/25/2009 Is the 1200 hours the number of hours donated or the number of hours that it converts to? The 1200 hours are valued in the hours of the receiving employee, not the hours that someone donated.
14.9 Catastrophic Illness Donations 6/5/2014 Employees can receive 1200 hrs of donated leave in 12 months.  If the first request nets less than 1200 hrs, can the employee submit subsequent requests for more donations as long as the total donations received for the 12 month period don't go over 1200? Yes, the employee may ask the agency to send out additional requests if the  original one nets less than 1200 hours.
14.9 Catastrophic Illness Donations 6/5/2014 Can an employee use catastrophic leave donations intermittently? Yes, if the employee has a serious illness and is eligible for catastrophic illness, he/she could use it intermittently.  One example of a need for intermittent use might be receiving cancer treatments.
14.9 Catastrophic Illness Donations 6/5/2014 If an employee makes a 2nd request for the original condition because they received less than 1200 hours on a previous request, can the agency use the original date for meeting 30 days use in 6 months, or does the employee need to newly qualify at the time of the 2nd request? The original date for meeting the 30 days use in 6 months can be used when a 2nd request is made.  The leave once donated and transferred can be used for any genuine illness, as it converts to sick leave.  There would be no end date on the use of the sick leave.  Agencies are cautioned to only transfer 30 days at any one time.
14.9 Catastrophic Illness Donations 6/2/2008 Can an employee on Workers' Comp supplement with Catastrophic Illness Donations? Yes, if the employee meets all of the criteria for catastrophic illness donation and the resulting wage is not more than the normal wage. (An employee can use VL or SL to supplement their workers's comp pay.  Catastrophic donations become sick leave once the VL is donated and converted.)
14.9 Catastrophic Illness Donations 2/3/2009 If an employee requests Catastrophic Leave Donations, meets all requirements, and is expected to be off work for 2-3 months, but has not yet exhausted all of their paid leave time, can the agency post the request in advance. Yes.  As long as all requirements are met, the request for Catastrophic Leave donations can be posted 1-2 weeks prior to the timeframe that the recipient would utilize the remainder of their paid leave.  The recipient needs to use all of their paid leave prior to the agency transferring any of the donated leave.
14.9 Catastrophic Illness Donations 7/19/2017 Does a part-time employee (.5 FTE) need to have a prolonged absence of thirty 8 hour days, or can the days be pro-rated since the employee is part-time? The days can be pro-rated based on the part-time employee's schedule.  If the employee is working 4 hour days, 5 days a week, then their absence due to serious illness would have to be thirty, 4 hour days during the past 6 months.
14.10 Sick Leave Accrual Rate 5/16/2000 When an employee goes from "Rules" covered to "Contract" covered in the middle of a month, how is the sick leave calculated? It must be pro-rated between the two different levels of earning.
14.10.1 Maximum accrual of sick leave 3/11/2016 When an employee is removed from being "Contract" covered and becomes covered by the "Rules," (possibly because they have become a supervisor), what happens to their sick leave if the employee's balance is above 1440 hours. The employee's sick leave is balanced back to 1440 hours at the end of the calendar year since the employee is now a "Rules" covered employee covered by Section 10.005.03 of the Rules.