Section 4 - Work Schedules, Time Off, & Leaves

V. Work Schedules
VI. Holidays
VIII. Sick Leave, Family Medical Leave Act, and Leaves of Absence
VII. Vacations

Article V - Work Schedules

Section 1. The basic workday is seven consecutive hours, broken by a one hour meal period on the employee’s time. The basic workweek is five consecutive workdays in a seven-day calendar period. 

Section 2. The normal work schedule is 9:00 a.m. to 5:00 p.m. with one hour for lunch, Monday through Friday inclusive. Other work schedules may be established for specific positions, as required by the University to provide necessary services, but such work schedules shall be consistent with the principles of the basic work day and the basic work week as noted in Section 1 above. The University will give members, whose schedules are temporarily or permanently affected, at least 30 days notice prior to implementing a change of schedule. When feasible (based on skill set and department needs), members with the most seniority will have the right of first refusal, and reverse seniority will be used by management to fill the work schedule. The University agrees that it will not implement a change of hours or workweek for the purpose of circumventing the overtime provisions of this Agreement or for the purpose of reducing the workforce. 

Commencing with the week in which Independence Day is celebrated, and continuing for six (6) consecutive Fridays, the normal workweek will be Monday through Thursday. During this four-day week schedule normal work schedules will prevail. Regular weekly pay rates will be continued during these weeks. Employees required to work on Fridays during the Summer Schedule will be paid at the rate of straight time plus the normal day’s pay (double time). Selection of employees to work on Friday will be on a seniority basis. 

In the event that Independence Day falls on Friday or Saturday, the Thursday of that week will also be observed. 

Section 3. All hours worked in excess of seven hours in a day or in excess of thirty-five hours in a calendar week shall be compensated at the rate of one and one-half times the regular hourly rate, except that all work performed on the seventh consecutive day of work in an employee’s work week shall be compensated at two times the regular rate. All monies due for overtime shall be paid on a one pay period lag. All overtime work must be authorized by the supervisor in advance. 

Section 4. A full-time employee is entitled to two rest periods of fifteen minutes each during each day’s work schedule. The first rest period shall occur in the work session prior to the meal break and the second rest period shall occur in the work session after the meal break. Part-time employees are entitled to a rest period during any work session of three hours or more. A rest period is recess; it is not to be used to extend the starting time or advance the departure time of a work session. Rest periods cannot be accumulated. 

Section 5. A shift differential payment of 30 cents per hour will be made to all full-time employees who work a regular shift ending at or after 8 P.M. 

Section 6. A supper money payment of $7.00 will be made to employees working a standard 35-hour week and who work in excess of two (2) hours of overtime in any given day. Employees must submit their request for supper money to their supervisor within 30 days of the incurred overtime. Failure to submit the request within the 30-day period will result in ineligibility for the allowance. 

Section 7. Absences and lateness shall be governed by the University Attendance policy. 

Article VI - Holidays 

Section 1. All employees shall receive the following holidays with pay at their regular straight time rate: 

  • New Year’s Eve 
  • New Year’s Day 
  • Rev. Martin Luther King, Jr. Day 
  • Presidents’ Day 
  • Holy Thursday 
  • Good Friday 
  • Easter Monday 
  • Memorial Day 
  • Juneteenth 
  • Independence Day 
  • Labor Day 
  • Columbus Day 
  • Presidential Elections 
  • Wednesday before Thanksgiving 
  • Thanksgiving Day 
  • Day after Thanksgiving Day 
  • Christmas Eve 
  • Christmas Day 

Local 153 members who are Veterans and were honorably discharged (members would need to present relevant paperwork in HR) are entitled to have Veteran’s Day as a paid day off in recognition of their service. 

In addition to the above holidays employees shall receive additional recess days between the day following the observance of Christmas Day through the day preceding the observance of New Year’s Eve without loss of pay. Any employee required to work on these additional recess days will be paid at their straight time rate, plus their normal day’s pay (double time). The parties further agree that when overtime is being scheduled, selection shall be based on “Right of First Refusal”. Senior employees will be given first priority in the overtime roster. Should they refuse the overtime, it will then be offered to the next senior person until the roster moves to the least senior person, who will then be required to work the overtime. 

Employees who have completed six months of service are entitled to one personal day in each calendar year, and each employee who is working in a 52 week per-year position is also entitled to three additional personal days, all of which can be taken any time during that calendar year. Personal days must be used during the period of entitlement and while an employee is actively at work. Unused Personal Days cannot be accumulated for later use, nor can they be compensated for as part of terminal pay of any kind. 

Section 2. When a holiday falls on Saturday, it will be celebrated on the preceding Friday, provided the University is officially closed on that Friday; when a holiday falls on Sunday, it will be celebrated on the following Monday, provided the University is officially closed on that Monday. If the University is not closed on the Friday or the Monday just noted, that Friday or Monday will be a regular working day, and employees will receive another holiday as mutually agreed upon by the University and the Union. 

Section 3. All work performed on the day the above holidays are celebrated by University employees shall be compensated at two times the regular rate of pay (in addition to the regular rate of pay). Any such work must be approved in advance by the supervisor. 

Section 4. In the event that any of the above enumerated holidays falls on any employee’s regularly assigned work day and the employee is not required to work, such holiday shall be considered as a day worked for the purpose of computing overtime. 

Article VII - Vacations

Section 1. The amount of vacation to which each employee is entitled each year is as follows: 

  1. Employees with less than four years of service, computed from their service date receive two weeks. Vacation time is accrued at the rate of l day per month to a maximum of l0 days and is available on their 1st anniversary with the University. 
  2. Employees with more than four years but less than ten years of service, computed from their service date receive three weeks. Vacation time is accrued at a rate of 1 1/2 days per month to a maximum of 15 days and is available on their 5th anniversary with the University. 
  3. Employees with more than ten years but less than twenty years of service, computed from their service date receive four weeks. Vacation time is accrued at the rate of 2 days a month to a maximum of 20 days and is available on their 11th anniversary with the University. 
  4. Employees with twenty or more years of service, computed from their service date receive five weeks. Vacation time is accrued at the rate of 2 1/2 days a month to a maximum of 25 days and is available on their 21st anniversary with the University. If the employee does not desire to take their fifth week of vacation, and it is acceptable to the University, such employee may be compensated at straight time for their fifth week of vacation in lieu of taking vacation. Employees hired after July 1, 2024,will receive a maximum of five (5) weeks of vacation.
  5. Employees hired prior to July 1, 2024, with thirty or more years of service, computed from their service date, receive six (6) weeks. Vacation time is accrued at the rate of 3 days a month to a maximum of 30 days and is available on their 31st anniversary with the University. If the employee does not desire to take their fifth and/or sixth week of vacation, and it is acceptable to the University, such employee may be compensated at straight time for their fifth and/or sixth week of vacation in lieu of taking vacation. 
  6. Employees working at least forty weeks per year on a regular basis will be credited with a year of service for the purpose of determining the amount of vacation due, on a prorated basis. 
  7. Accrued vacation will be paid to an employee who has completed the probationary period and leaves the University. 

Section 2. Vacation shall be scheduled and taken at a time and at intervals that are mutually agreeable to the employee and that employee’s designated supervisor. It is therefore expected that vacation will be requested of that employee’s supervisor well in advance of the desired use by an employee, where possible, so that the absence can be planned for and the regular work flow is minimally disrupted. The University will make efforts to meet employee’s vacation choices on the basis of employees’ seniority. While the employee’s preference will be respected wherever practicable, the University reserves the right to arrange schedules in order to meet operating needs. 

Section 3. Vacations must be taken prior to the end of the employment year subsequent to the one in which they are earned. 

Section 4. An employee shall continue to accrue vacation during periods of disability, but such vacation shall not exceed the vacation accrued during months actually worked in any given year. 

Article VIII - Sick Leave, Family Medical Leave Act, and Leaves of Absence

Section 1.

  1. Sick leave is to be used by an employee in accordance with the University Safe and Sick Leave Policy to the extent that policy offers greater benefits than this contract. Nothing in this Section 1A should conflict with the employee’s FMLA rights outlined in Section 6 of this article.
  2. Inability to perform work as a result of pregnancy shall be considered as illness for the purposes of determining eligibility for the payment of sick leave. Sick leave will be paid only if the employee continues active employment until the time the attending physician certifies that the employee is no longer physically able to work. The employee will be paid sick leave thereafter, to the extent that sick leave credits are available, for so long as the attending physician certifies that the employee is unable to return to work because of physical disability. 

The date of return should coincide with the attending physician’s certification that the employee is able to return to work. The University will, however, allow a grace period beyond this certification. Such grace period will not extend beyond three (3) months from date of delivery. Any failure to return at that point will be considered a resignation.

  1. Employees are given sick leave credits as follows: (1) One day of sick leave credit is earned for each full month of service. (2) There is no limit to the number of sick leave credits which may be accumulated. 
  2. After completing the probationary period, absences due to illness will be charged against sick leave credits available as of the beginning date of illness. If and when an employee has exhausted all sick leave credits, future absence shall be without pay.
  3. Any allowances available under New York State Disability Laws, the Health Fund or governmental coverage shall be deducted by the University from sick leave payments, unless arrangements are made by the employee to return such payments to the University for the period of time that sick leave payments are made by the University. 

Section 2.

  1. An employee who has completed one full year of employment and has exhausted all sick leave credits but continues to be disabled shall be granted a leave of absence without pay and without accumulation of seniority rights for a period of time not to exceed two calendar months for each full year of completed service, up to a maximum of twelve months.
  2. Staff members who have fifteen (15) years of service and are 55 years of age at the time they resign or retire from the University in good standing , or pass away while in active employee service may receive payments at the rate of straight time at their current rate of pay. Employees who avail themselves of this benefit will not be considered for rehiring at the University.

55-57 years: 25 days

58-59 years: 30 days

60-61 year: 40 days

62+ years: 75 days

  1. In the event an employee passes away, any accrued banked sick days shall be paid out to the employee’s Estate.

Section 3. Any employee who is absent on paid sick leave for five or more consecutive working days must furnish satisfactory medical evidence to the Office of Human Resources Management at the time said employee returns to work. Any employee who is granted a leave of absence without pay in accordance with Section 2 hereof must furnish the Executive Director of Human Resources with a certificate from a doctor before and at the termination of the leave of absence. 

Section 4. In the case of the death of an employee’s spouse, parent or child, grandparent or sibling the employee shall be granted a leave of absence of five (5) days without loss of pay. 

In the case of the death of other family members of the immediate family, an employee shall be granted a leave of absence of three (3) days without loss of pay. 

For purposes of this agreement immediate family includes grandparent, mother-inlaw, father-in law, son-in-law, daughter-in-law, sister-in-law, and brother-in-law, aunt, uncle, niece, nephew, or domestic partner. The purpose of bereavement time is for the employee to grieve the loss of a close family member, prepare for and attend a funeral, and/or attend to any other immediate post-death matters such as settling wills and estates. 

Section 5. The University agrees to abide by the provisions of the Selective Service Act and its judicial interpretation with respect to leaves of absence due to military service. 

Section 6. For those employed by the University for at least 12 months, and for 1250 hours during the previous 12-month period, the University will grant an unpaid leave of up to 12 weeks during any 12-month period for one or more of the following reasons: 

  • To care for newborn child; 
  • To care for a newly adopted or foster care child; 
  • To care for a seriously ill spouse, parent, a child who is under 18 years of age, or dependent 18 years of age or older and incapable of self-care because of a mental or physical disability; 
  • Because of a serious health condition which renders the employee unable to function in their position. 

If both an employee and their spouse work for the University, they shall be entitled to an aggregate leave limited to 12 weeks for the birth or adoption of a child, or the care of a sick parent. In all other cases noted above, each will be entitled to 12 weeks of unpaid leave. 

An employee is required to use all accrued sick, vacation and personal time while on family and medical leave. The combination of such accrued sick, vacation, and personal time and unpaid family and medical leave shall not exceed 12 weeks. 

Section 7. Employees called to perform their duty as a juror will receive full salary providing they complies with the following guidelines: 1) Provide your immediate supervisor and the Human Resources Department with a copy of your notice; 2) Remit any payment, with the exception of travel money, to the Human Resources Department; 3) Return to work if you are released for any full or partial day from your duties as a juror; 4) Provide proof of the fulfillment of that obligation to both your supervisor and the Human Resources Department. 

Section 8. The University agrees to make arrangements with the supervisor involved to excuse the chief union stewards (one on the Bronx campus and one on the Lincoln Center campus) from University duties for not more than four hours per week. Union stewards other than the chief stewards may perform their union functions on University time, but except in unusual circumstances, they will be expected to perform these functions in such a manner as not to interfere with their University duties and responsibilities. 

The University agrees to grant a reasonable leave of absence without pay to employees selected to perform work for the Union, provided that at least three weeks prior written notice thereof is given to a Human Resources Labor Representative of the University. Such leave of absence shall not be granted where the work such employees are to perform for the Union includes participation in picket lines or other demonstrations. Employees granted such leave of absence will retain seniority during the leave of absence and accumulate seniority of not more than six months during such leave of absence. 

Section 9. The University may grant a leave of absence with or without pay if, in the opinion of the University, such a leave would serve the best interests of the University. 

Section 10. An employee will be considered to have resigned if the employee fails to return to work at the end of a leave of absence. If the individual is employed by the University at a later date, such individual shall be considered to be a new employee except that an employee granted a leave of absence without pay under Section 2 shall retain all seniority rights if rehired by the University not later than the end of an additional period of time equivalent to the unpaid leave of absence. 

Section 11: Sick Time Payout - As of July 1, 2024, if a member has 75 or more days in their sick bank as of December 1, they will receive a cash payment for any unused sick time accumulated in that year up to a maximum of four (4) days. 

If a member has between 10 and 74 days in their sick bank as of December 1, they will receive a cash payment for any unused sick time accumulated in that year up to a maximum of three (3) days.