The New York City Managerial Employees Association (NYC MEA) has received several inquiries regarding time and leave issues relating to Hurricane Sandy. Currently, there are policies in effect throughout City agencies to address time and leave issues during a citywide emergency or major transportation shut down. During an emergency, each agency is responsible for implementation of its own operational contingency plan. We have included these documents for your review. Three policies can be reviewed, including the policy on adverse decisions (scroll down to view completed information). We do recognize that some of this information has not been updated, for quite some time, but it is still the existing policy. The MEA will continue to work with DCAS, as well as individual agencies to ensure managers are treated fairly within the policy guidelines. We will always advocate for prudent decisions within the existing policies.
PSB (PERSONNEL SERVICES BULLETIN) - Time and Leave Policy in the Event of a City-wide Emergency
Subject: Time and Leave Policy in the Event of a City-wide Emergency
Date: March 5, 2012
In the event of a City-wide emergency, travel to and from work may, in many cases,
become difficult. Because the City must continue to provide services to the public during
times of emergency, all City employees must make every effort to report to work. For the
purposes of this Personnel Services Bulletin (“PSB”), a City-wide emergency includes, but
is not limited to, weather-related events such as storms, floods and tornados; transit
strikes; and impact area-specific events such as infrastructure incidents.
The following time and leave policy applies to all City employees who are subject to the
“Leave Regulations for Employees Who are Under the Career and Salary Plan” or the
“Leave Regulations for Management Employees.” Uniformed employees of the Police, Fire,
Correction and Sanitation Departments, and Prevailing Wage employees, are not subject
to the terms of this PSB.
I. Employees covered by this policy are advised of the following:
Where an employee’s usual means of transportation is affected or is likely to be affected
by a City-wide emergency, it is the employee’s responsibility to find alternate means of
reporting to work. In order to be paid for the day, employees who do not report to work
during the City-wide emergency must use their annual leave, compensatory time, or be
advanced annual leave. Such usage is subject to agency head approval.
Employees are expected to report to work on time. Employees who anticipate delays in
reaching their work locations because of a City-wide emergency as defined by this PSB
are expected to allow extra time for travel. For employees who arrive at work late,
agencies shall determine whether the lateness was caused by unforeseen circumstances
which arise after an employee leaves for work, which cannot be anticipated and are
beyond the ability of the tardy employee to control; in these instances, lateness shall be
excused. A request for excusal should not be unreasonably denied. For employees
covered by the Citywide Agreement, a refusal to excuse a lateness may be appealed to
the Commissioner of Labor Relations, whose decision shall be final.
If lateness is not excused, employees will need to use annual leave or compensatory time
to make up for lateness, unless they have a pre-existing flex time arrangement available
to them that allows them to make up this time and not have their leave balances
charged. Sick leave may not be charged under these circumstances.
II. Consistent with Continuity of Government objectives and Agency Continuity of
Operations Plans (“COOP”), the following areas should be addressed:
PSB - Time and Leave Policy in the Event of a City-wide Emergency
A. Alternative Work Sites/Alternative Work Schedules
In the interest of maintaining continuity of government, employees may be directed to
report to authorized alternative work sites or to work staggered or flexible schedules,
pursuant to their agency COOP plans. Employees will be required to track and enter their
work hours from alternative work sites and will be directed by their agencies how to do
so. In addition, at the discretion of the agency head, appropriate managerial employees
may be permitted to perform duties remotely, pursuant to procedures for tracking work
product and hours, and only for the duration of the City-wide emergency.
B. Maintenance of Agency’s Essential Services
Agencies have developed Continuity of Operations Plans to enable them to maintain
essential agency services during a City-wide or localized emergency. Employees who have
been identified to support essential services will be notified by their agency heads, COOP
liaisons, or human resources divisions, and given further instructions.
Edna Wells Handy
Time and Leave Policy in the Event of a Major Public Transportation Work Stoppage
Subject: Time and Leave Policy in the Event of a Major Public Transportation Work Stoppage
Supersedes: Personnel Services Bulletin No. 440-1r
Date: December 9, 2005
In the event of a major public transportation work stoppage, travel to and from work will, in many
cases, become more difficult. All City employees have a special obligation to continue to provide
services to the public during times of emergency. They must make every effort to overcome
transportation difficulties and report to work.
The following time and leave policy applies to all City employees who are subject to the “Leave
Regulations for Employees Who are Under the Career and Salary Plan” or the “Leave Regulations
for Management Employees.” Uniformed employees of the Police, Fire, Correction and Sanitation
Departments are not subject to this policy.
Employees covered by this policy should be advised of the following:
Employees are expected to find alternate means of reporting to work. Agency heads shall
allow unscheduled absences to be charged against either annual leave or compensatory
time balances upon a showing by the employee that reporting to work would have caused
an undue burden for the employee. Where an employee has no leave balances, annual
leave may be advanced for this purpose.
Employees who anticipate delays in reaching their work locations because of a major public
transportation work stoppage are expected to allow extra time for travel. However,
lateness found by the agency head, or an individual designated by the agency head, to
have been caused by transportation circumstances beyond the ability of the tardy
employee to control, shall be excused. A request for excusal should not be unreasonably
denied. For employees covered by the Citywide Agreement, a refusal to excuse a lateness
may be appealed to the Commissioner of Labor Relations, whose decision shall be final.
C. Alternative Work Schedules
Agency heads are reminded that, in the event of a major public transportation work
stoppage, they should explore and, wherever feasible, institute a system of staggered
work hours and flexible schedules consistent with agency operations and the effective
delivery of services to the public.
D. Alternative Work Sites
Where feasible, agency heads may permit employees to report to authorized alternative
work sites. In addition, at the discretion of the agency head, appropriate managerial
employees may be permitted to telecommute from home during the period of a major
public transportation work stoppage.
Martha K. Hirst
PSB - Managerial Appeals Process
Subject: Managerial Appeals Process
Supersedes: Personnel Policy and Procedure No. 709-82
Date: March 21, 1997
A managerial employee may appeal any evaluation or agency action which he/she deems to be
adverse. The following appeals process does not apply to disciplinary proceedings under Civil
Service Law § 75 and § 76. It is the agency's responsibility to make managers aware of this
II . Procedure
A. A manager who has been unable to resolve a disputed evaluation or agency
action through discussion with his/her supervisor may appeal (in writing). This
appeal will be dealt with by the individual who is one level above the manager's
B. If the dispute is not resolved by this initial appeal, the manager is permitted
to appeal to his/her agency or department head. However, if the agency or
department head is also the individual one level above the manager's supervisor
as stated above in (A), then the manager may appeal to the Commissioner of
Citywide Administrative Services.
William J. Diamond