Grievable & Other Matters

Thank you for visiting!  We encourage you to become familiar with your contract.

Please also visit our Council /Member Tools page for additional information!

**********************************************************************************************************

Every PEF Div 240 steward has a pefdiv240.org or pef.org email.  Please communicate via personal to/from union email.  Please see the “Contact Us” link.   Please do not use agency email to communicate non-agency or union matters.  Thank you!

________________________________________________________________________________

NYS CS ATTENDANCE & LEAVE MANUAL:  https://www.cs.ny.gov/attend_leave_manual/index.cfm

______________________________________________________________________________

RETURN TO WORK ISSUES when returning from a personal illness?  There is currently a pending IP (Improper Practice) in mediation with PERB.  Until resolution, SIF’s RTW requirements are as follows:

  • Your “return to work” note must have a date to return to work and specifically state “Able to perform job duties”
  • It must list a Brief Diagnosis
  • It must be emailed to  personnelops@nysif.com  SIF has advised that they typically respond within 24 hours, excluding weekends and holidays.  Please keep this in mind when submitting your RTW note.

You are not required to have your doctor fill out SIF’s self-created return to work form.

With respect to worker’s compensation ongoing medical or RTW issues, please be guided by the rules and regulations of WC Law and contact your attorney.

For situations above and beyond, contact your local PEF rep.

REASONABLE ACCOMMODATION DENIAL recourse is listed on the denial form.   

Health & Safety concerns in your office? Read  PESH2018 PESH7FORM  and contact your local union stewards.

______________________________________________________________________________

Time Allowed for Employees to Vote

Over objections from PEF, the 2020 enacted state budget eliminated the much-heralded increase in paid time off for voting that was enacted in 2019 (See also, Public Protection and General Government (A.9505/S.7505)—Part AAA). 
 
 
Reversion to the Old Law
 
The law now reverts back to the previous law which allows employees up to two hours of paid leave for voting but only if such employee does not have four consecutive hours off work at the beginning or end of the workday to vote.

More specifically:
 
•      Employees can request up to two hours of paid time off from work in which to vote.
 
•      This will apply only to employees who do NOT have four consecutive hours off work between the opening of the polls and the closing of the polls. Employees who have four hours off while the polls are open are deemed by the statute to have sufficient time to vote without needing paid time off.
 
•      For qualifying employees, up to two hours of paid time off will be given either at the beginning or at the end of an employee’s shift. (Or another time, if mutually agreed upon by the employer and the employee.)
 
•      Employees are required to make their requests for voting time off at least two working days (but not more than 10 days) before the day of the election.
 
The amendment will apply to requests for time off to vote in the state’s primary elections, currently scheduled for June 23, as well as the general election in November.
 
The Election Law also contains a posting requirement, which was part of all prior versions of the law. At least 10 days before a public election, employers must conspicuously post in the place of work a notice setting forth the voting time off entitlement. Employers are required to keep the posting up until the polls close.
 
In addition, please see the revised Attendance and Leave Manual which was just posted today:
ATTENDANCE AND LEAVE MANUAL
POLICY BULLETIN 2020-02

Section 21.12

June 2020
TO: Manual Recipients
FROM: Jessica Rowe, Director of Staffing Services

SUBJECT: Time Off to Vote
The following information supersedes Policy Bulletin 2019-02-a – Time Off to Vote.  Any copies of Policy Bulletin 2019-02-a should be removed from your printed Attendance and Leave Manual and destroyed.
Legislation enacted in April 2020 (Chapter 55, Laws of 2020) amended the Election Law to allow employees to take up to two hours of paid leave to vote in any election in New York State when the employee does not have sufficient time to vote before or after their work shift.
Specifically, Section 3-110 of the Election Law was amended to allow all employees who are registered voters, and who do not have sufficient time to vote outside of their working hours, to take off an amount of time, which when added to the voting time available outside working hours, will enable to them to vote.  Additional time off for employees who are covered by the Attendance Rules should be charged to vacation, overtime compensatory time credits or personal leave, as approved by the agency.
Four consecutive hours either between the opening of the polls and the beginning of the employee’s work shift, or between the end of their work shift and the closing of the polls, is considered sufficient time to vote.
Time off to vote must be taken at the beginning or end of the work shift, as directed by the agency, unless the agency and the employee mutually agree on another time.
Time off to vote applies to general elections, special elections called by the Governor, primary elections, town and village elections, but not to school or library elections.
If an employee requires time off to vote, they must notify the agency not more than ten nor fewer than two working days before the day of the election.
Agencies must post notice of Time off to Vote at least ten workdays before any election.  The notice must be conspicuously posted where it can be seen, as employees enter or exit their place of work. Agencies should also post the notice on their intranet or distribute it to employees via email.
Agencies should update their timekeeping system so that employees are afforded up to two hours of leave, when necessary.
Any questions about these provisions should be referred to the Attendance and Leave Unit of the Department of Civil Service at (518) 457-2295.
Attachment
Chapter 55 of the Laws of 2020 amended the Election Law effective April 1, 2020 to read as follows:
§ 3-110. Time allowed employees to vote.
1. If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to vote on any day at which he or she may vote, at any election, he or she may, without loss of pay for up to two hours, take off so much working time as will, when added to his or her voting time outside his or her working hours, enable him or her to vote.
2. If an employee has four consecutive hours either between the opening of the polls and the beginning of his or her working shift, or between the end of his or her working shift and the closing of the polls, he or she shall be deemed to have sufficient time outside his or her working hours within which to vote. If he or she has less than four consecutive hours he or she may take off so much working time as will, when added to his or her voting time outside his or her working hours enable him or her to vote, but not more than two hours of which shall be without loss of pay, provided that he or she shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.
3. If the employee requires working time off to vote the employee shall notify his or her employer not more than ten nor less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section.
4. Not less than ten working days before every election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.

—————————————————————————————————————–

Project ended 5/28/19

2/22/19 – Attention SIF PAD Sr. Auditors in Buffalo, Rochester, and Syracuse –

With regard to being directed to work in Albany from 3/4/19 through 5/27/19, the concerns and suggestions you brought to PEF were presented to SIF mgmt on 2/15/19.

After reviewing the submitted Auditor’s suggestions, questions, concerns, and hardship excuse requests, the following was management’s position:
– SIF understands hardships but has an operational need.
– There is an auditor shortage/Auditors are understaffed in Albany.
– SIF is recruiting Auditors. (no explanation as to why there is no job posting)
– All of the audits on the list need to be done in person. SIF needs to collect that revenue.
-SIF has the Auditor capacity in Buffalo/Rochester/Syracuse to utilize them in this matter, but not in other offices.
– Sparing one auditor per office per week will not harm the existing office.
– Tom Tegiacchi already made accommodations/schedule.
– Cited Article 5 (…’direct, deploy, & utilize the workforce…’)
– Stated that SIF could do this by seniority instead.
– Advised SIF wants a full week, Monday-Friday.  (As of 2/20/19 SIF has indicated they will pay for Sunday travel.)
– Advised this has been a problem for 6-8 months.  (SIF is down to 8 from 13 Auditors 3 years ago)
– Joe Mullen will be sending hardship excuse requests submitted to Tom Tegiacchi. (if you are denied, forward to Mr. DeFazio)
– Joe Mullen will talk to Tom Tegiacchi re: Auditor suggestions.
PEF spoke to the fact that, once again, members in the titles affected were mandated, their input was not sought, that members prefer to be a part of the solution before SIF unilaterally implements changes.
PEF stressed the importance of bringing issues deemed as urgent to the joint SW Labor Mgmt table for discussion as this affects members is a very negative way.
SIF could not tell us why there is no job posting for more Auditors in Albany if they are recruiting them.  **Update 2/26/19:  SIF posted for one Sr. Auditor in Albany on 2/22/19.
NYSIF has either intentionally or negligently failed to hire Auditors in the Albany area leading to a backlog of audits that need to be performed in-person.
————————————————————————————————————–

JOB POSTINGS

Please be advised that SIF is no longer posting job vacancies on their management bulletin boards. All SIF job vacancies can be found on SIF’s intranet under Administration -> NYSIF Job Postings.

Another resource for job vacancies for SIF and other agencies is: https://statejobs.ny.gov/.

Check both the intranet and the StateJobsNY – For State Employees section often for updated vacancies.

Discrepancies have been reported in job postings between NYSIF’s intranet and the Civil Service website.

Please be sure to check both websites.  You may not qualify on one posting, but you may qualify on another.

https://statejobsny.com/public/vacancyTable.cfm

——————————————————————————————————————–

If you are the subject of an interrogation:


———————————————————————————————————————————————————

After 3/18/18, required documentation should simply state, “seen for cancer screening”.

Cancer Screening Changes
Effective March 18, 2018, Section 159-c of the Civil Service Law (Prostate Cancer Screening (PCS)) is repealed. Section 159-b of the Civil Service Law (Breast Cancer Screening) is amended to entitle employees to paid leave without charge to leave credits, for screening of all cancers. Effective March 18, 2018, Breast Cancer Screening (BCS) will be known as Cancer Screening (CS) and will become available to all employees for the remainder of the 2018 calendar year. Employees who have used 4.0 hours for BCS prior to March 18, 2018, are not entitled to 4.0 additional hours for CS in 2018. Employees who charge CS leave credits for cancer screening on or after March 18, 2018, must provide medical documentation that their absence was for the purpose of cancer screening. Medical documentation must be forwarded to PersonnelOps@NYSIF.com. Beginning January 1, 2019, CS will be available for the full calendar year. This benefit is not cumulative and expires at the close of business on the last day of each calendar year.

**********************************************************************************************************

Performance Evaluation Appeals Committee.
FYI.  There is an evaluation appeals committee in place at the agency level that will address members who receive an Unsatisfactory Performance Evaluation.
In the event of an unsuccessful appeal, there also exists a Statewide Performance Evaluation Appeals Committee that can be considered for further appeal.
Both of these committees are composed of a management representative, a PEF representative, and a neutral party.
If you have received an unsatisfactory evaluation and would like to discuss filing an appeal, contact your local steward for assistance.
You have 15 calendar days from receipt of an unsatisfactory rating to appeal.
—————————————————————————————————————————————