Attendance

Recording Attendance

Employees are responsible for ensuring their attendance is timely and properly recorded each day. Employees working in person must follow the time recording process in place with their specific office, whether that be badging in and out using CyberShift (or equivalent) readers or other established process. Employees working remotely must clock in and out using the CyberShift (or equivalent) web clock feature. Should an employee forget to badge or clock in on any given day, they should immediately notify their supervisor so that the time can be corrected.

Employees are responsible for reviewing their time and attendance every two weeks using the CyberShift (or equivalent) system. Failure to do so will result in inaccurate time recording leading to possible loss of pay or leave accruals.

Employees are required to adhere to set remote work schedules and are prohibited from unilaterally altering their schedules. Employees seeking to revise their remote work schedule must receive authorization in writing from a supervisor prior to any change being implemented.

Under no circumstances may an employee record the time of other employees. Recording the time of another employee will be considered gross misconduct and may lead to disciplinary action. Leaving the building for personal reasons after registering the time of arrival constitutes a violation of these rules and will subject the offender to disciplinary action.

Methods of Recording Time

Time Clock 

Unless otherwise permitted or specified in a collective bargaining agreement employees must personally record actual arrival to and departure from work by swiping their ID card at a time clock at their assigned work location (“home” location). When employees are assigned to work at multiple locations, they are required to swipe in upon arrival at each location and swipe out upon leaving each location. Employees should not line up at the time clock in advance of the time they are scheduled to clock out at the end of the day or at lunch hour.

Web Clock

Employees assigned to the time clock also have the option of recording their clock in and clock out times directly in CyberShift using the web clock functionality. Once an employee has logged into CyberShift, they can record a real-time swipe in/out entry from the CyberShift home screen from any authorized DOE work location.

Electronic Timesheet

Managerial employees and certain other employees have the ability to record their time directly in the CyberShift system. Alternatively, these employees have the option of utilizing the CyberShift web clock or swiping in and out at the time clock. The exact time of arrival and departure must be indicated on the timesheet. Timesheets that include standard reporting of arrival and departure times (e.g. 9:00 a.m. –  5:00 p.m.) each day is not acceptable.

Administrative employees may be taken off the time clock for any of the following reasons:

• The employee has twenty (20) years of service and the approval of the office head;
• The employee's title is at the level of  Principal  Administrative Associate or an equivalent title or higher, with at least ten (10) years of service, and a history of exemplary attendance.
• The employee is in the Managerial Pay Plan;
• The employee has less than twenty (20) years of service but has the recommendation of the Division's Executive Director;
• The  Division’s  Executive  Director may opt to remove all or select categories of employees from the time clock without regard to years of service provided adequate controls are in place to monitor time and attendance.

An employee off the time clock found to be abusing the privilege may lose their privilege and be reassigned to the time clock.

All timesheets must be individually and promptly approved by an authorized supervisor. Failure to approve timesheets in a timely manner may result in disciplinary action.

Leaving the Work Site for Personal Business

When it is necessary to leave work for personal business during work hours (at times other than the scheduled meal period), employees must:

• Obtain permission from their supervisor before leaving the premises;
• Swipe or record in/out times in CyberShift (if applicable); 
• Enter a leave request to account for the time out of the office;
• Notify their supervisor upon return, if returning the same day.

Lateness Policy

Employees are expected to report to work at their scheduled arrival time. Employees not at their work locations at their scheduled arrival time are considered late. Each occurrence of lateness, whether at the beginning of the workday or upon the return from lunch, is considered a separate instance of unauthorized lateness. 

Note: All work schedules are assigned at the discretion of the Department/Division management.

Grace Period

At the start of the workday, employees working a standard or staggered hours schedule are allowed a five (5) minute grace period for unexpected delays which they may encounter upon their arrival at work.  If the employee arrives after the grace period has elapsed, they are considered late, and lateness is determined from the scheduled reporting time. For example, an employee assigned a standard or staggered hours schedule who is scheduled to begin work at 9:00 a.m. who reports to work at 9:06 a.m. is six (6) minutes late.

Employees assigned a flex-band schedule are considered late if they arrive after the end of their assigned flex-band. For example, if an employee’s flex-band is from 8:30 a.m. to 9:30 a.m., and the employee arrives at 9:32 a.m., the employee is two (2) minutes late. There is no grace period for flex-band schedules. Lateness is tolled on a minute-by-minute basis.

Employees are granted a three (3) minute grace period upon return from their lunch hour.

Conditions Where Lateness Are Not Recorded

A late arrival is not recorded as lateness on the employee's attendance record under the following conditions:

Personal Business 

If an employee arrives late because personal business was conducted, they are not considered late provided that:

• The business could not have been conducted outside of regular working hours; and
• The employee obtained the prior approval of his/her supervisor for the late arrival.

The appropriate form, approved by the employee's supervisor, should be submitted to the timekeeper. Time lost due to late arrivals will be deducted from compensatory time or annual leave balances on a straight-time basis.

Transit Delay

Employees may present certification of claimed transit delay for a lateness caused by a delay of fifteen (15) minutes or more. Excuse for lateness caused by transit delays will be limited to an occasional and/or extraordinary delay. Lateness caused by routine transit delays will not be excused. Employees experiencing transit difficulties on a routine basis must rearrange their schedules to allow extra time for travel.

The appropriate form, approved by the employee's supervisor, should be submitted to the timekeeper/HR Director to be stored in the employee’s personnel file. 

Time lost due to approved transit delays will not be deducted from the employee's leave balances.

Penalties for Unexcused Instances of Lateness

The following penalties will be imposed for lateness in each three (3) month period of the non-managerial leave/vacation year: 

• May 1 to July 31
• August 1 to October 31
• November 1 to January 31
• February 1 to April 30

Deductions on a Straight Time Basis

The occurrence of less than twenty (20) instances of lateness in any of above noted three (3) month periods will result in a deduction of the time lost from annual leave or compensatory time balances on a straight-time basis. 

Deductions on a Double-Time Basis

The occurrence of twenty (20) instances of lateness or more in any of the above-noted three (3) month periods will result in a deduction of the time lost from annual leave or compensatory time balances on a double-time basis. 

CyberShift Notifications

CyberShift performs the calculations and makes the appropriate deductions. A notification indicating the instances of lateness that occurred in the three (3) month period, and the corresponding amount of time lost will be generated by the system and sent to the employee and the employee’s supervisor.

Excessive Lateness

Excessive lateness is defined as more than sixty (60) instances of lateness in the leave/vacation year (May 1 to April 30 of the following year). In the case of excessive lateness, the employee's supervisor may recommend that disciplinary action be taken under Section 75 of the New York State Civil Service Law. This action may result in a reprimand, fine, suspension, demotion, or dismissal.

Order of Deductions for Time Lost from Leave Balances 

Time lost due to lateness will be deducted from the available compensatory time balance first. After the compensatory time balance has been exhausted, the annual leave balance will be charged.

If the time lost exceeds the available compensatory time and annual leave balances, a payroll deduction for the amount of time in excess of the available balance will be processed.

Role of Supervisors

Upon receipt of the email notification from CyberShift described in the CyberShift Notification Section above, the supervisor will hold a conference with the employee for the purpose of examining the employee’s lateness record, reviewing the lateness policy, determining the reasons for tardiness, and discussing the methods to affect improvement in punctuality.  Such methods as adjustment of the daily time schedule, if appropriate, may be considered.

The supervisor will record the results of the discussion in a written communication to the employee and ask the employee to acknowledge receipt of the communication by affixing their signature. Copies of the signed communication will be placed in the employee's file, located in their office and the file located in the Human Resources Director’s Office.  

Employees should direct inquiries relevant to the interpretation or application of the lateness policy to their Human Resources Directors.

Weather/Traffic Conditions/Emergencies

Employees are expected to make every effort to report to work despite work stoppages, snowstorms, power failures, or other conditions of emergency that may make travel to and from work difficult. This rule will govern even when schools have been closed by the Chancellor. If school buildings are closed or schools have switched to remote learning, employees should be aware that central and administrative offices might still be open.

Employees should confirm their status with their supervisor for each day on which there is an emergency or weather condition, as directives may change. Employees should not rely on media outlets or social media for information on their work status. 

The following regulations apply to absences and lateness during such emergencies:

• Absences – No absences shall be excused. Any absence will be charged against unused annual leave or compensatory time balances upon presentation of written evidence by the employee that it was physically impossible to report to work.
• Lateness – If employees anticipate a delay in reporting to work locations because of previously announced or emergency problems, it is expected that they will allow extra time for travel. Individuals should present claims to the appropriate office head in cases of hardship, and the office head will render a decision.

The Chancellor is responsible for issuing specific directives in cases of emergency.