Title 4 Part 20

The basic workweek for annual salaried employees of State departments, agencies and institutions, other than those employed on a part-time basis only and other than employees excluded from the application of overtime compensation under the rules of the Director of the Budget adopted pursuant to section 134 of the Civil Service Law, shall be 40 hours; provided, however, that where a shorter workweek would not interfere with the proper performance of government functions an appointing authority may establish a basic workweek of not less than 37 1/2 hours and five days or an authorized equivalent work schedule for any employees under its appointive jurisdiction as may be designated by it with the approval of the Division of the Budget; provided, however, that this Part shall not be construed to increase the workweek of any employee for whom a workweek of less than 40 hours is prescribed by law, rule or administrative regulation as of the day preceding the effective date of this Chapter.

Daily time records showing actual hours worked by each employee shall be maintained; provided, however, that the appointing authority may, with the approval of the Department of Civil Service, exempt from this requirement such executives, officers and employees who do not earn overtime as it may designate. Employees exempt from maintaining daily time records showing actual hours worked shall maintain a daily record of absences and time and leave credits earned and used in accordance with this Chapter.

The appointing authority shall establish and publish, subject to the approval of the Department of Civil Service, rules and schedules establishing penalties for tardiness. Such penalties shall not preclude disciplinary action in cases of excessive tardiness. In the event of public transportation difficulties, strikes, sever storms or floods, or similar uncontrollable conditions affecting a group of employees, tardiness may be excused by the appointing authority.