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New York Codes, Rules and Regulations (NYCRR)

9 NYCRR 135.4

Executive Department

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Authorization for overtime work

Source version current through Jul 31, 2022

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
Text saved
Jun 6, 2026
Publisher current-through date
Jul 31, 2022
Source captured
Sep 13, 2026
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Matches the captured source text
Latest State Register issue indexed
September 30, 2026 (Vol. XLVIII, Issue 39)
Related Register notice
EDU-01-21-00002-E · Emergency rule
Related notice published
Mar 31, 2021
Related notice effective date
Mar 17, 2021

New York State Register EDU-01-21-00002-E

(a)Unscheduled overtime work must be authorized in advance by the appointing officer or his designated representative before overtime may be credited. The designated representative must be an officer or supervisor ineligible to earn overtime pay. Each instance of overtime work must be approved individually. “Blanket approvals” are not permitted. When unscheduled overtime 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.
(b)Notification of unscheduled overtime shall be forwarded to the Division of the Budget at the close of the bi-weekly payroll period in which the overtime is authorized.
(c)Scheduled overtime work must have the prior approval of the Director of the Budget as provided under section 135.7.
(d)The appointing officer or his designated representative will take all reasonable steps to provide for an equitable distribution of scheduled overtime opportunities among qualified permanent officers and employees of the appropriate work unit.
(e)In the absence of a sufficient number of volunteers, unscheduled overtime can be required of any officer and employee who, in the judgment of the supervisor, is needed to do the work.
(f)Overtime performed in a higher or lower title can be performed only on a voluntary basis. Extra service work can also be performed only on a voluntary basis.
(g)Eligible officers and employees shall be eligible for overtime for actual travel and/or service performed while in travel status, provided that:
(1)The trip is not between the officer's or employee's residence and his official work station as defined by the appointing officer.
(2)The trip is for the purpose of conducting State business and is authorized in advance.
(3)Authorization is granted only when travel during regular work hours is less economical or unduly delays the officer's or employee's return to his official work station.
(4)The trip is not taken for the purpose of attending a professional conference or convention.

Division of the Budget Interpretation

Attendance at professional conferences and conventions

The following is our interpretation of the rules governing overtime compensation insofar as they apply to persons eligible to earn overtime who are attending professional conferences and conventions, at the full or partial expense of the State. This interpretation is based on the premise that attendance at such sessions are of substantial benefit to the employee and aid in his professional development. It is our opinion that the time spent in attending such conferences and conventions, including travel time to and from them, during evenings, weekends and holidays cannot be considered as overtime. Employees eligible for overtime should be notified in advance that they will not be eligible for overtime while in such attendance. It should be noted, however, that wherever practicable travel incident to such attendance should be so arranged as to occur during normal working hours. We believe this is a reasonable interpretation and is within the intent of the rules.

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