November 24, 2008
No cash for unused vacation
The Paterson administration's order to curtail a program allowing management-confidential employees to cash in five days of unused vacation has an employee organization threatening a lawsuit.
Before the Organization of Management-Confidential Employees files the legal papers, members might want to look at a measure signed into law by Governor Eliot Spitzer on January 28, 2008 (here).
It states:
...the availability of such vacation exchange option shall be subject to the approval of the director of the division of the budget for each respective state fiscal year.
That provision is buried within the law that authorizes negotiated pay raises for the Civil Service Employees Association (CSEA) as well as raises for about 12,000 management-confidential employees who are not represented by a union.
In the case of management-confidential employees, their salaries:
...may be withheld in whole or in part from any officer or employee when, in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels or when, in the opinion of the director of the budget, such increase is not warranted or is not appropriate.
The Paterson administration estimates ending the "vacation exchange" program will save $5 million this year.
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