Title 9 Part 144

Chapter 158 of the Laws of 1970 provides that employees in any title or individual position or positions who are entitled to time off with pay for days observed as a holiday by New York State as an employer and who are required to work on such holidays may be granted additional compensation for such work pursuant to regulations promulgated by the Director of the Budget. The attendance rules for employees in New York State departments and institutions and the rules and regulations for overtime compensation, when applicable, should be considered in conjunction with these regulations. It is the policy of the State that such work will be held to a minimum consistent with the need to maintain essential services to the public. In no event will an employee be entitled to holiday compensation pursuant to this Part unless such work has been properly authorized.

Whenever used in this Part:

Holiday work must be authorized in advance by the appointing officer or his designated representative in order to be compensated pursuant to this Part. The designated representative must be a management or confidential employee not eligible for such holiday compensation. Each instance of the performance of a service entailing holiday work must be approved individually. When holiday work is authorized by a designated representative, the appointing officer must be notified within 24 hours. The appointing officer shall provide guidelines for future action by either agreeing with or questioning the authorization. Notification of holiday work shall be forwarded to the Division of the Budget at the close of the bi-weekly payroll period in which it is authorized.

The restrictions and limitations contained in this Part may be waived pursuant to the provisions of law by the Director of the Budget whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of the State government.