DEC Work Schedule Policy Memo of 3-7-05

PEF/encon has commented on this to DEC management, as well as reviewed it for any negative changes in terms & conditions of employment.

Go to PEF/encon's May 12^th Response

(Click for Adobe Version of DEC Memo)

Note that the attachment is the proposed draft Policy.

Also: At the June 29^th LM meeting, Asst. Commissioner Jack McKeon stated that the proposed Work Schedule Changes are currently on hold. In particular, employees with start times before 7:30 A.M. may continue with that schedule.

New York State Department of Environmental Conservation

Assistant Commissioner

Office of Administration, 14^th Floor

625 Broadway, Albany, New York 12233-1010

Phone: (518) 402-9401 • FAX: (518) 402-9016

Website: www.dec.state.ny.us

M E M O R A N D U M

	TO: Division & Regional Directors
	FROM: Jack McKeon /s/
	SUBJECT: Work Schedule Policy
	DATE: March 7, 2005

Attached is a revised draft of the "Work Schedule Policy" document we discussed in early November and at various director meetings since. Thank you for the input you gave at our meeting and the subsequent comments you provided. Your enthusiasm and responses affirm our assessment that decisions and guidance in this area are sorely needed. As we discussed, this policy will supercede seventeen (17) existing policy documents. This document sets no new policy, but summarizes all currently approved, permanent work schedule options.

The Department is also committed to making final decisions on the future of other alternative work schedules, specifically, compressed pay period and telecommuting, which are currently in the pilot stage. We will begin working on that effort immediately. We must, however, get our house in order prior to looking at pilots and alternatives and the attached policy will help us accomplish that. Everyone must understand the basic policy and follow it. Supervisors must be trained and all work schedule information must be made current and readily available to all Department staff via the web. We expect that a transition period will be necessary to get everyone into compliance once the final policy is promulgated.

Many of the changes in language and clarification were made as suggested. Although we did not have unanimous consensus on the earliest start time, a large majority of directors strongly recommended a 7:30 a.m. as the earliest start time and that is the time included in the current draft. The 7:30 a.m. start time is also the earliest time permanently approved in any of the aforementioned documents. It is also consistent with most other state agencies we contacted - those with both field staff and office staff. Presently, certain compressed work week schedules under the pilot program are approved for a 7:00 a.m. start. For these and other staff who must transition from a 7:00 a.m. to 7:30 a.m. start, we will allow staff until July 1^st to make that transition.

Based on our discussions with you on the remainder of the draft policy we have made

no substantive changes to it. There are a number of critical items which we all must be clear on:

The Work Schedule Adjustment and Workday/Work Week sections of the policy provide Regional and Division Directors with needed flexibility to meet all operational needs.

Individualized work schedules, work schedule adjustments and all other alternative work schedules must fall within the extended work hour schedule.

A lunch break of at least 30 minutes is required as part of the Department’s policy.

Since it appears from our discussions and your many questions that we will have situations where workday/workweek changes will be required, documentation and justification will be necessary for reporting these cases to GOER. We will work with GOER to provide guidance on how this should be done and develop standard reporting forms for your use.

If there are any further questions or comments you wish to raise, please send them to Nancy Lussier by March 15^th. Also, please send Nancy Lussier any ideas you may have regarding how to roll out the policy document.

Attachment

End of Memo

Beginning of

Draft

Work Schedule Policy

for Department of Environmental Conservation

POLICY

The core business hours for all offices of the Department of Environmental Conservation are 8:30 a.m. to 4:45 p.m., Monday through Friday. All organizational units will be sufficiently staffed during official business hours to effectively carry out the Department's mission. The Department endorses and permits alternative work schedules, as defined below, subject to the operating needs of the Department and the appropriate approval. Please note that this policy does not apply to uniformed employees in the Office of Public Protection.

A. Regular Work Week

The regular work week is defined as the Thursday through Wednesday payroll work week, five days a week, 7.5 or 8 hours per day, 37.5 or 40 hours per week, with Saturday and Sunday as pass days. Each work day must include at least a 30 minute lunch break. This is considered the normal work schedule for most employees of the Department of Environmental Conservation.

B. Alternative Work Schedules

The following are the types of alternative work schedules that may be offered. These alternatives are subject to the operating needs of the Department and require certain approvals. Each option differs from the regular work week described above.

1. Part-time Employment

An employee may be eligible to work less than the normal 37.5 or 40 hours per week subject to approval of the employee's supervisor and the Division Director for central office employees or the Regional Director for regional employees. In some cases, employees may be appointed to specifically designated part-time items, while in other cases, two or more employees may work part-time and be paid out of the same full-time item on a shared basis.

2. Staggered Hours

An employee may be eligible to participate in a staggered hours work schedule, subject to approval of the employee's supervisor and the Division Director for central office employees or the Regional Director for regional employees. Participants must continue to work 7.5 or 8 hour per day but may select non-core arrival and departure times in 15 minute intervals. The staggered hours work schedules must be the same for all five (5) days of the work week and must fall within the hours of 7:30 a.m. to 6:00 p.m. Once a schedule is selected and approved, an employee must follow that approved schedule each day.

3. Compressed Pay Period

If a Division or Region participates in the Compressed Pay Period program, an employee may be eligible to participate in this program, subject to the approval of the employee's supervisor and the Division Director for central office employees or the Regional Director for regional employees. Under this work schedule, the number of days an employee works during a

two-week pay period is reduced from ten to nine and the number of hours worked per day is increased. Participating overtime eligible employees are required to account for 37.5 hours within the payroll work week. Participating overtime ineligible employees must account for 75 hours in the biweekly pay period.

C. Voluntary Reduction in Work Schedule

Full-time employees in positions represented by CSEA, PS&T or designated M/C, who work a 37.5 or 40 hour work week, are eligible to participate in the VRWS program. VRWS is a negotiated program which allows employees to exchange a percentage of income for an equivalent percentage of time off. An employee's schedule must be consistent with the needs of the Department and participation depends on the approval of the supervisor, the Division Division Director for central office employees or the Regional Director for regional employees.

D. Changes in Work Schedule

1. Individualized Work Schedule

These adjustments are employee driven. Subject to supervisory approval, a temporary short-term individualized work schedule (IWS)may be established for an employee whose personal circumstances may warrant special consideration. The individualized work schedule should be due to unusual circumstances. For overtime eligible employees, the individualized work schedule must still account for 37.5 hours of work within the payroll work week. For overtime ineligible employees, the individualized work schedule must still account for 75 hours of work within the biweekly payroll pay period. For all employees the IWS must fall within the approved Department hours of 7:30 a.m. to 6:00 p.m.

2. Work Schedule Adjustment

These adjustments are work related. On a very temporary, occasional and short term basis, if it is mutually agreeable and mutually beneficial, to both the employer and the employee, a pre-approved adjustment may be made to an employee's work schedule. Typically, the condition precedent for such an adjustment is when an employee is required by the agency to work additional hours beyond the regular 37.5 or 40 hour work week. The purpose of this adjustment is not to avoid the use of accruals. Nor may these adjustments be made by the employer to avoid the payment of overtime. For overtime eligible employees, the adjustment must take place within the 37.5 hour basic payroll work week and must be hour for hour. Overtime ineligible employees are not entitled to a work schedule adjustment (WSA) for hours worked beyond their regular 37.5 or 40 hour work week. When a work schedule adjustment is granted for an overtime ineligible employee, the adjustment must occur within the 75 hour biweekly payroll period and should not be on an hour for hour basis. For all employees the WSA must fall within the approved Department hours of 7:30 a.m. to 6:00 p.m.

E. Workday/Work Week

The State reserves the right to change a work schedule under certain circumstances in accordance with the applicable collective bargaining unit agreement. This schedule adjustment is strictly to meet the operating needs of the Agency. 3/2/05

Last Updated on June 30, 2005