APPENDIX IV VRWS Guidelines

APPENDIX IV VRWS Guidelines

VOLUNTARY REDUCTION INWORK SCHEDULE

PROGRAM GUIDELINES
StateUniversity Professional Services Negotiating Unit

Introduction

Voluntary Reduction inWork Schedule (VRWS) is a program that allows employees to voluntarily trade income for time off.The VRWS Program is available to eligible annual-salaried employees in the State University Professional Services Negotiating Unit (PSNU). Individual VRWS agreementsmaybeenteredintoforanynumberofpayroll periodsuptoamaximumof26biweeklypayperiodsinduration and mustexpirenolaterthantheendofthelastpayrollperiodintheUniversity fiscal year.

1. Purposes

a. VRWS provides campuses aflexiblemechanismfor allocating staff resources.

  1. VRWS permits employeestoreducetheirworkschedulesto reflect personal needs and interests.

2. Limitations:Eligibility,Work Schedule Reduction

  1. Eligibility:This program is available to certain full-time calendar year, college year and academic year employeesinthePSNU.Eligibilityshallbeasdescribed under the terms of the VRWSProgram Guidelines. All of the following eligibility criteria shall apply:
  2. Full-time employeesarerequiredto have a continuing, permanent, or term appointment and beemployedtoworkonafull-time annual salary basisforaminimumofonebi-weekly payrollperiodimmediatelypriortothetimeofentryintothe VRWS Program.Timeonpaidorunpaidleave from a full-timeannualsalariedpositionsatisfiesthisrequirement.
  3. Employeesmustremaininafull-time continuing, permanent, orterm appointment position during the term of the VRWS agreement.
  4. Employees must haveonecontinuousyearof State University of New York (SUNY) service at a campus at which they are employed onaqualifying schedule(anyschedulewhichentitledthe employee to earn leave credits). Periodsofleave without pay of any duration are not counted toward the one-year service requirement but do notconstituteabreakinservice.Employees who separate from SUNY service (through resignation, termination,retrenchment, etc.)formorethanoneyearcannotcountservicepreceding that break in service toward the one-year requirement. Authorized leave with pay under the SUNY Policies of the Board of Trustees will count toward the one-year service requirement, except leaves of absence for Title F leave or sabbatical leave immediately preceding a request for VRWS are not counted toward the one-year service requirement since accruals are not earned during the leave period.
  5. Work Schedule Reduction:Participating employees may reducetheirworkschedules(andsalaries)aminimumof5percent, in 5 percent increments,uptoamaximumof30percent.

3. Description of an Employee VRWS Agreement

  1. The employee and management can establish a VRWS agreement onaUniversity fiscal yearbasisofanynumberofpayrollperiodsinduration from onetotwenty-six.The VRWS agreement must expire no later thanthelastdayofthelastpayrollperiodintheUniversity fiscal year.The VRWS agreement must beginonthefirstdayofapayrollperiodandendon thelastdayofapayrollperiod.VRWS ending balances must be segregated for each University fiscal year.
  2. The employee develops and submits aplanforareducedworkschedule. Management reviews and approvestheplanaslongasitis consistent with operating needs.
  3. A jointly agreed plan specifies:

i Duration of VRWS agreementwhichmaybeuptoa maximum of 26 biweekly payroll periods with the VRWS agreementexpiringnolaterthanthelastdayofthelast payroll period in the University fiscal year.

ii Percentagereductionof professional obligation andsalary.

iii AmountofVR credits to be earnedinexchangeforreduced salary.

iv ScheduleforuseofVRcredit to be earned.This may be either a fixed schedule,e.g.,every Friday,everyWednesday afternoon, an entire month off,etc.,or intermittent time off. An employee’s fixed schedule of use of VR credits,once management has agreed upon the VR schedule, cannotbechangedwithoutthe employee’s consent except by mutual agreement in an emergency. VRcreditsusedasintermittenttimeoffwillbesubject to scheduling during the term of the VRWS agreement, and will require advance approval by the employee’s supervisor.

d. While the VRWS agreement is in effect,the employee will earnandaccumulateVRcreditsinaccordancewiththepercentage reduction of professional obligation in a workweek,e.g.,a10percentreductionwillresultin eight hoursofVRcredit earnedeachpayrollperiodthatthe employee will charge in the future onhis/herscheduledVRabsences.Ifthe employee’sVR schedule calls for one-half day off every Friday afternoon, four hoursofVRcreditswillbecharged for each Friday.An employee whose VRWS agreement calls for a 10 percentreductionandtakinganentiremonthoffwillworkhis/her full40hourseachweek,accrueeighthoursofVR credit each payroll period,and have the accumulated VR credits to use during the approved VR absence. Solely as a matter of computational convenience for purposes of creating a schedule for accruing and using leave hereunder, a “day” is defined as eight hours. This definition is not intended to have any wider application and does not otherwise reflect any agreement or acknowledgment as to the length of a workday.

e. The employee never goes off the payroll.The employee remains in activepaystatusfortheduration of the agreement and receivespaychecks eachpayrollperiodattheagreed-upon, temporarily reduced level.

f. The employee will work a prorated share of his/her normal professional obligation over the duration of the VRWS agreement period.

  1. Participation in the VRWS Programwillnotbeadetrimentto later career moves within the campus.

4. Attendance Records Maintenance

a. All VR schedules will be based on the crediting and debitingofVRcreditsontheemployee’s attendance record against a regular professional obligation.

b. VR credits earned during a VRWS agreement may be carried on the employee’s attendance record past the end of the individual VRWS agreementandpasttheendoftheUniversity fiscal yearbutmustbe liquidatedbytheDecember 30thfollowingtheendoftheUniversity fiscal year in which the individual VRWS agreement expires. VR ending balances must be segregated for each University fiscal year.

c. Thereisnorequirementthatexistingpaidleave credits (including previously earned and banked VR credits) be exhausted prior to the beginning of the newVRWS agreement. Employees are encouraged to use carried-over VR credits on a priority basis.

5.Advancing of VR Credits

To accommodate an employee whose VRWS agreement calls foranextendedabsenceduringthe VRWS agreement period, a campus may advanceVRcreditsinanamountnottoexceedthenumberof hours for which the employeeispaidinonepayrollperiod.

6.Recovering a VR Credit Debit

If an employee terminates his/her employment and has a VR debit,the campus shall recoverthedebitfromtheemployee’s laggedsalarypaymentforhis/herlastpayrollperiodatwork.

7. Effect on Benefits and Status

The effect of participation in the VRWS Program on benefits and status is outlined inAppendix A - Voluntary Reduction InWork Schedule Program Effect on Benefits and Status (attached).

8. Effect on Overtime Payment for Overtime Eligible Employees

Scheduled absences charged to VR creditsare not the equivalent of time worked for purposesofdeterminingeligibilityforovertime payments at overtime rates within a workweek. For example,an employee who,under an 80 percent VRWS schedule,works four days,charges the fifth day to VR credits,andiscalledin toworkasixthday,will not be considered to have workedthefifthdayandthuswillnotbeentitledtoovertime payments on the sixth day. Similarly,VR credits earned,banked, and chargedafterthepayrollperiodinwhichtheyareearnedarenot counted in determining eligibility for overtimeintheworkweekin which they are charged. Sections135.2(h)and(i)ofPart135oftheBudgetDirector’s Overtime Rules are waivedtotheextentnecessarytopermitpayment of overtime compensation to overtime-eligible employees who are participating in this Program.

9. Discontinuation or Suspension of VRWS Agreements

Although VRWS agreementsareforstatedperiodsoftime,they canbediscontinuedbymutualagreementattheendofanypayroll period.VRWS agreements may be discontinued,at management’s discretion,when an employee is promoted,transferred or reassigned within a campus,although VR credits must be carried forward on the employee’s attendance record. VRWS agreementsmayalsobediscontinuedwhenanemployee moves between campuses.

10. Provisions for Payment of Banked (Unused) VRCredit in Exceptional Cases

The VRWS Programisintendedtobeaprogram that allows employeestovoluntarilytradeincomefortimeoff.The agreement for VRWS Program participation between the employee and management includes aplanfortheuseofVRcreditearned.Management must make every effort to ensure thatVR credit earned by an employee is used:(1) under the terms of the individual VRWS agreement,(2) before the December 30thliquidationdate(see section c.),(3) before the employee separates from SUNY service,and (4) while the employeeisonthejobhe/shewas in when the VRWS agreementwasmade.Ifthisisnot possible,paymentforbanked(unused)VRcreditmaybemadein exceptionalcasesthatfallunderthefollowingcriteria:

  1. Upon retrenchment,resignation,termination, or retirement from SUNY, or death,unusedVRcreditwillbepaidatthe then current rate of compensation.
  2. Upon movement of an employee to another state agency or from one campus to anotherorbetween campuses or departments within a campus,unusedVRcreditwillbepaidatthethencurrent rateof compensation bythecampus/department in which the VR credit was earned,unless the employee requests and the new campus/department accepts thetransferoftheVRcreditontheemployee’s attendance record. ThelumpsumpaymentforVRbalancesuponmovement to another campus will be made irrespectiveofwhetherornottheemployee is granted a leave of absence from the campus/department where the VR credit was earned. Paymentwillbemadewithintwopayrollperiods following the move to the new campus.

c. VRWS ending balances must be segregated for each University fiscal year. EmployeeswhoaccumulateVRcreditinaUniversity fiscal year and who are unable to use the VR credit due to management requirementspredicatedonworkloadbytheDecember 30thfollowingtheendoftheUniversity fiscal yearinwhichthe employee’s individual agreementexpireswillbepaidatthe then current rate of compensation. Payment will be madewithintwopayrollperiodsfollowingtheapplicable December30thliquidationdate. Requestsforpaymentin the exceptional cases specified in this subparagraph,as distinct from those specified in subparagraphs (a) and (b) above,should be directed to SUNY System Administration Employee Relations – VRWS Program andwillbedecidedonacase-by-case basis.

InallcaseswherepaymentforunusedVRcreditismade, notificationofpaymentmustbesenttoSUNY System Administration Employee Relations - VRWS Program.Suchnotificationmustincludedateofpayment, circumstances of payment,employee’s name,title,number of days of unused VR credit,and gross dollar amount of payment. In addition,campuses must certify that they have not already used these savings for replacement staff in other programs or,if they have,identify anotherfundingsourceforthepayment.

11. Review of VRWS Denials

a. Individual Requests

An employee whose request to participate in the VRWS Programhasbeendeniedshallhave the right to request a written statementofthereasonforthedenial.Suchwrittenstatementshall be provided within fiveworkingdaysoftherequest.Uponreceipt ofthewrittenstatementofthereasonforthedenial,the employee may request a reviewofthedenialbythecollege president or designee. Such requests for review must be made,and will be reviewed,in accordance with the following procedure:

  1. Requestsmustbesubmittedbytheemployee or the employee’s representativewithin10workingdaysofreceiptof thewrittenstatementorofthedatewhenthewrittenstatement was due.
  1. Requestsmustbesubmittedtotheofficial who serves as the college president or designee at Step 1 of the grievance procedure.
  2. Such requestsshallspecifywhy the employee believes the writtenreasonsforthedenialareimproper.The request must explain how the employee believes his/her work can be reorganizedorreassignedsothathis/herparticipationinthe VRWS Programwillnotundulyinterferewiththecampus’s operations.
  3. The college president or designee shall review the appeal andmakeadeterminationwithin10workingdaysofreceipt. Thedeterminationshallbesenttotheemployee and a copy shallbesenttothePresidentofUUP.The determination shall be based on the record,except that the college president or designee mayholdameetingwiththeemployee and/or the employee’s supervisors if the designee believes additional information or discussionisrequiredtomakeadetermination.Ifthe employee believesthattherearespecialcircumstancesthat make a meeting appropriate,the employee may describe these circumstances in addition to providing the information specified in paragraph 3 above,and request that a review meeting be held.The college president or designee shall consider suchrequestindeterminingwhetherornottoholdareview meeting.

5. The determination of the college president or designee shall not be subject to further appeal.

b. When UUP alleges that a campushas established a practice of routinely denying employee applications to participate,thismattershallbean appropriate subject for discussion in a labor-management meeting attheappropriatelevel. Such labor-management discussions shall be held in accordance with the provisions of Article 8 of the State/UUP Agreement.

Rev. 4/23/09

APPENDIXA

VOLUNTARY REDUCTION INWORK SCHEDULE PROGRAM

Effect on Benefits and Status

Annual Leave– Prorate accruals for calendar year and college year employees based on the employee’sVRWS percentage.

Banked (Unused) VRLeave Credits Upon Movement From One Campus to

Another or Between DepartmentsWithin a Campus–UnusedVRcreditswillbepaidattherate of compensation by the campus/department inwhichtheVRcreditwasearned,unless the employee requests and the new campus/department accepts the transfer of VR credit on the employee’s attendance record.

Banked (Unused) VRLeave Credits Upon Promotion,Transfer or ReassignmentWithin a Campus or Within a Department– Unused VR credits are carried forward on the employee’s attendance record when movement is within an appointing authority.

Continuation of the VRWS agreement is at the discretion of management.

Banked (Unused) VRLeave CreditsUponReturntoNormalWork Schedule– VRcreditsmaybecarried forward on the employee’s attendance record after completion of the individual VRWS agreement period,but must be liquidatedbytheDecember30thaftertheendoftheUniversity fiscal yearin which the employee’s individual VRWS agreement expires. VR ending balances must be segregated for each University fiscal year.

Banked (Unused) VR Leave Credits Upon Separation– Unused VR creditswillbepaidattherate of compensation upon resignation,termination, or retirement from SUNY service, or death.

Employee Benefit Fund–There is no effect.

Health Insurance–There is no effect. The employee retains full coverage.

Holidays–There is no change.

Inconvenience Pay– Prorate based on the VRWS percentage.

Leave Donation– Employeeswhoareabsentusingdonatedleave credits for 28 consecutive calendar days will have their VRWS agreement suspended.

Location Pay– Prorate based on the VRWS percentage.

Military Leave–Thereisnoimpactoneligibilityorentitlement.

OvertimeWork–VRcreditusedshallnotbecountedastimeworked in determining eligibility for overtime payments within a workweek. For non-exempt employees, VR credit shall not be counted as time worked for determining eligibility for comp time.

Paid Leave Balances onAttendance Record –There is no requirement that leavecreditsbeexhaustedpriortothebeginning of the VRWS agreement.Vacation,sick leave,and holiday balances are carried forwardwithoutadjustment.

Payroll–The employee never leaves the payroll. An employee remains infullpayrollstatuswithpartialpayfortheduration of the VRWS agreement period and receivespaycheckseachpayperiodattheagreed upon temporarily reduced level.

Probationary Appointment –There is no effect. Scheduled non-work time under a VRWS agreementisnotanabsenceforthepurposeof extension of probationary appointment.

Retirement Benefit Earnings– Earnings are reduced based on the VRWS percentage.

Retirement Service Credit– Prorate based on the VRWS percentage for TRS and ERS only.

Retrenchment–There is no impact.

Return to NormalWork Schedule–An employee will return to his/her normalfull-timeworkscheduleandpaybasisuponcompletionofthe VRWS agreement period.

Sabbatical Leave – There is no impact if sabbatical leave is requested after participation in the VRWS agreement. If sabbatical leave coincides with the VRWS agreement, the VRWS agreement will be suspended.

Salary– Normal grosssalaryearnedisreducedbythe VRWS percentage.There is no effect on the basic annual salary.

Service Credit – There is no impact. An employee on VRWS is considered to beinfull-time status for service credit purposes.

Sick Leave – Prorate accruals based on the employee’s VRWS percentage. Employees on sick leave for 28 consecutive calendar days will have their VRWS agreement suspended and will be returned to their professional obligation and pay base.

Social Security–Thereisnochange. Thecontributionrate is setbyFederalLawandisappliedtothesalarythattheemployee is paid.

Title F Leave – There is no impact if Title F leave is requested after participation in the VRWS agreement. If Title F leave coincides with the VRWS agreement, the VRWS agreement will be suspended.

Unemployment Insurance–There is no change.The formula is set by statute.

Workers’ Compensation Benefits – There is no impact on eligibility for entitlement to workers’ compensation benefits. Following 28 consecutive calendar days of absence due to a work related injury or illness, the VRWS agreement is suspended and the employee is returned to his/her normal full-time work schedule and pay base. At that point the employee receives workers’ compensation benefits based on the normal full-time salary and no longer earns VR credits. Suspension of a VRWS agreement does not extend the agreement beyond its scheduled termination date. If an employee returns to work prior to the scheduled termination date of the VRWS agreement, the employee’s participation in the VRWS agreement resumes and continues until the scheduled termination date, unless both parties agree to terminate the VRWS agreement.

Rev. 4/23/09

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