N.Y. Comp. Codes R. & Regs. tit. 9 § 135.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 135.11 - Compensatory time off

(a) Eligible officers and employees whose basic work schedule is less than 40 hours per workweek shall be entitled to compensatory time off on a straight-time basis for overtime worked in excess of 37 1/2 hours but not in excess of 40 hours in a workweek.

(b) Overtime credits earned prior to February 1, 1967, shall be compensated by the granting of compensatory time off on a straight-time basis.

(c) Overtime credits earned on or after May 1, 1963, and for which compensatory time off is provided shall be liquidated not later than the close of the fiscal year following the one in which they were earned.

(d) Overtime credits earned prior to May 1, 1963, including credits owing to those officers and employees who are ineligible to earn such credits following adoption of this Part, shall be liquidated at a minimum rate of 10 workdays per fiscal year. However, overtime credits owing to parole officers and warrant and transfer officers will be liquidated pursuant to the agreement entered into as a result of court action and are accordingly exempt from the liquidation requirements of this section.

(e) Compensation upon transfer, separation, retirement or death. Notwithstanding the foregoing provisions of this section:

(1) An officer or employee who transfers from one department or agency to another, or who separates or retires from State service, shall be compensated in cash by the department or agency from which he is so transferred, separated or retired, for such of his compensatory time credits, up to 30 workdays, as cannot be liquidated by compensatory time off prior to such transfer, separation or retirement. An officer or employee who transfers within a department or agency shall not be compensated in cash for accrued time credits, but such credits shall be transferred with the officer or employee.

(2) In the event of death of an officer or employee, his estate or beneficiary shall be paid the monetary value of his accumulated overtime credits, up to the equivalent of 30 workdays, by the department or agency by which he had been last employed.

(3) Payment for compensatory time off credits hereunder shall be made at the current regular rate of pay of the officer and employee.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 135.11