Click on the categories below to view our responses to questions of general interest.
Have a question for OMCE?  Email us: nysomce@gmail.com.

● Once I am finished with my traineeship, will I receive a percentage increase that will take me from Grade 14 to Grade 18 or do I just receive the adjustment that trainees earn at the end of the traineeship. It seems that because I am going up 4 pay grades, that I should receive whatever any other employee would get for a four-grade promotion. Please advise.

The 2-year trainee salaries are ungraded, non-statutory (NS), and movements between traineeships and graded positions are not covered by the rules governing promotions between graded, statutory positions. There is a rule under which a State employee who enters a traineeship from a graded position is entitled, upon entry, to the higher of either the employee's salary in the graded position or the entry trainee salary. Upon completing the traineeship, such employees are entitled to receive the higher of the hiring rate of Grade 18 or an adjustment specified in the traineeship plan. For information specific to your situation, you may wish to contact your agency or facility payroll office.

● What is the per cent of performance advances? How long does it take to reach the top of your grade?

Performance advances for M/C employees increase salaries by 1/6 of the difference between the hiring rate and the job rate of a grade. Thus, it normally takes 6 years for an M/C employee who starts at the hiring rate to reach the top of the grade--less years for an employee who starts above the hiring rate, as often happens when employees are promoted. As a percentage of salary, performance advances range from about 5% of the hiring rate at M/C-3 to 4% of the hiring rate at M-7. Performance advance amounts are not specified for grade M-8.

● When are performance awards distributed?

Performance awards, or merit payments as they are now called, can be paid at any time during the fiscal year. Payment dates usually vary from agency to agency, since the agencies determine when and to whom payments will be made, according to broad guidelines promulgated by the Division of the Budget (Budget Policy and Reporting Manual Item D-280).

● I was wondering if you could tell me out SG23 became ineligible for OT, Holiday Pay and the like. I realize there are FSLA guidelines but it has never been made clear. I bring this up as once you hit this your are stuck financially, whereas employees in my agency who are below SG23, such as 21's earn far more with their holiday pay, OT and the like. Is there ever go to be a chance to rectify this or make the SG23 titles paid at level where your subordinates don't make more than you?

The State's rules and regulations for Overtime Compensation are set forth by the Director of the Budget pursuant to section 134 of the Civil Service Law and are published as Part 135 of title 9 of the NYCRR. You can find the full text of the rules, containing the criteria the State uses to determine whether or not a position is eligible for overtime compensation, in Budget Policy and Reporting Manual Item G-110 which is available on the Division of the Budget's web site. All position titles at Grade 23 and above, as well as hundreds of titles below Grade 23, have been determined by the State to be ineligible for overtime, based upon application of the criteria contained in Part 135. A list of the overtime-ineligible titles below Grade 23 can be found in Attachment B to Budget Bulletin G-1024, also available on the Division of the Budget's web site. As for your subordinates making more than you, OMCE has fought for many years to correct the many pay inequities M/C employees face, repeatedly raising concerns about salary grade compression between managers and their subordinates and submitting legislation to address the lack of pay parity for M/C employees with their bargaining unit counterparts. The State (both the Executive and the Legislature) has turned a deaf ear to these concerns, so far. But, the concerns remain and we will continue to press on to get them addressed.

● If an employee is promoted from SG-23 to M1 or from M1 to M2, is that counted as one or two grades when calculating the promotion raise?

Advancement from SG-23 to M-1, or from M-1 to M-2, is treated as two grades when calculating salary increases on promotion. This is based on application of Section 131.2a of the Civil Service Law which provides that "for purposes of determining the increase for employees promoted, appointed or otherwise advanced to a position in one of the salary grades with the prefix M, each grade with the prefix M shall be deemed to constitute a two grade advancement." Since the M grades resulted from combination of odd and even number SG grades (SG-24 and SG-25 became M-1, for example), movement to M-1 from SG-24 or SG-25, however, would be treated as a lateral move.

● Is an employee required to be on the payroll for 13 pay periods in order to receive an across-the-board general salary increase that is effective April 1, or is that requirement only for performance raises? Thank You.

The "13 payroll periods" requirement applies only to performance advances. There is no minimum service requirement for an across-the-board general salary increase, since it represents an increase to the salary schedule according to which all employees, existing and future, are paid.

● Are MC employees in traineeships eligible for Merit Awards? I am in a traineeship and am wondering about my eligibility. If so, is there anything, other than the probationary evaluation that would need to be completed on my behalf by my supervisor/agency?

All M/C employees are eligible for merit awards and agencies have discretion within rather broad guidelines to develop their own procedures and criteria for recognizing meritorious performance. We suggest that you (or your supervisor) contact your agency or facility personnel office for information on what is required in order to nominate an employee for a merit award.

● Back in the 80's, the State withheld pay from employees by postponing paydays so you wound up losing 2 weeks pay in total. The next year the same program was implemented but only one week was lost. You were supposed to get this salary added to salary when you retire. In a few years I hope to retire. However, my personnel/payroll departments have no clue about this. In talking to the Employees Retirement System, they tell you to talk to my payroll dept. Can you please provide some info on this? Thanks.

Because of the 10-day lag payroll, separating employees will have another check coming at the end of the payroll period following the payroll period in which they leave the payroll. Employees who were subject to the five days salary deferral that was applied beginning in 1991 will also receive payment for the five days (at their final rate of pay) upon separation from the payroll. These payments do not increase final average salary (FAS), but may be included in the FAS calculation in the following circumstances. If your FAS is based on the 36 months of service immediately preceding retirement (typically, this is the case), the lag payroll check you receive two weeks following your last day of service will be included in the calculation of your final average salary. This payment does not increase your FAS. It merely represents the final two weeks of the 36 months used in calculating your FAS. Payment for the five days would be included in your FAS only in the unlikely event that the quarter in which they were withheld fell within the 36 months upon which your FAS is based.

● In looking at the salary schedules for MC employees, there is an obvious discrepancy in the differences between all grade levels, and those specifically directly above and below the MC Grade 18. Why is there only a difference of roughly $200 between the Grade 17 and the Grade 18? Is there a remedy to this error in the works, and if not, how is this fair to Grade 18 employees?

Over the past decade, the difference in compensation packages between union-represented employees and M/C employees has grown more pronounced to the disadvantage of M/C employees. We have discussed these salary inequities, particularly those for M/C employees at the Grade 18 through Grade 25 levels, with the Governor's Office of Employee Relations for many years without resolution. We have suggested moving the Grade 18 salary closer to Grade 19 as a first step toward resolving the Grade 17/18 compression problem and in a manner that would not disrupt the whole salary schedule, again without resolution.

● My question pertains to one asked previously. On the 2008-2009 MC salary schedule, the starting salary for a grade 17 is $47,698; the starting salary for a grade 18, $47,952 (a difference of only $254). The difference in the starting salary between the grade 19 ($50,524) and the grade 18 ($47,952) is $2,572, and this is consistent more or less with the difference between all other grades. In answer to an earlier question, there was talk of attempting to remedy this inequity by moving the salary grade for an 18 up closer to that of the 19 and/or by proposing a match in deferred comp contributions for grade levels 18 and above. What happened, and why is this blatant inequity allowed to persist. It would seem that this is an obvious and unfair situation, and one requiring a solution based on civil service tenant. Is there some formalized way to bond/organize other MC grade 18 who are in this situation that might make it possible for movement to be made in terms of resolution?

We have been trying for years to get the State to address a number of inequities in the compensation scheme for M/C employees, including the Grade 17/18 salary schedule structural problem, other pay parity problems and failure to provide longevity compensation for M/C employees in Grades 18 and above. So far, the State has turned a deaf ear to our repeated pay equity proposals, including our recent years' deferred compensation match legislation with which we have been seeking to provide an acceptable "in lieu of" alternative to longevity compensation. As for the Grade 17/18 issue, one of the problems is that, in practice there are two schedules, with Grade 17 representing the level at which the clerical/secretarial ranks top out and Grade 18 the beginning professional/managerial level. Writing your legislators, the legislative leadership, and the governor as well, and urging passage of OMCE's legislative initiatives, such as the deferred compensation match bill, is a way that you and your fellow M/C employees can help bring about change. We plan discussion with the Legislature on a number of salary equity issues-including this one.

● What is the location pay during our new agreement?

Chapter 10 of the Laws of 2008 (M/C Pay Bill) provided for increases in Location Pay to $1,850, effective April 1, 2008, and $3,026, effective October 1, 2008, for Downstate employees (NYC, Nassau, Rockland, Suffolk and Westchester counties) and to $1,000, effective April 1, 2008, and $1,513, effective October 1, 2008, for Mid-Hudson employees (Orange, Dutchess and Putnam counties).  Location Pay for employees in Monroe County remains at $200.

● What if anything can M/C employees over grade 18 expect relative to the PEP program wherein employees SG18 or below can forfeit 3 days of annual or personal leave in return for a credit toward health insurance premiums.

We were told in our discussions with the Governor's Office of Employee Relations that, in all probability, the costs of the PEP (Productivity Enhancement Program) will preclude its expansion to higher grades, since bargaining unit employees as well as M/C employees participate in the program.

● Can someone please explain the criteria for earning overtime. I know that anything over SG23 is ineligible. What is the reason for this? Is it tied to FLSA or was it pre-existing? In my agency, there are individuals who are SG-21 who have similar responsibilities than those managing a larger unit as a grade 23. The 21 gets OT and the 23 does not. I would appreciate any info on this and whether there is any appeal process to have a title reviewed for eligibility. Thank you.

The eligibility/ineligibility criteria for overtime for State employees are set forth in Budget Bulletin G-1024 dated July 27, 1986. The bulletin was issued to provide guidance in light of the State's compliance with the FLSA (Federal Labor Standards Act). The prohibition on overtime compensation to employees in grades 23 and higher predates the FLSA and survived when the State's titles were reviewed against the FLSA's requirements. There were also many positions below Grade 23 that were determined to be ineligible for overtime compensation based on application of the FLSA criteria. The criteria are too lengthy to enumerate here. You can access Budget Bulletin G-1024 yourself at: http://www.budget.state.ny.us/guide/bprm/bulletins/bulletinindex.html

To the extent that a position's duties and responsibilities have changed, it's eligibility for overtime can be reviewed, but we doubt a position at Grade 23 and above will fail to meet the FLSA criteria for an exemption from overtime eligibility.

● Who is eligible for on call/recall pay?

M/C employees do not receive on-call pay. We have sought an on-call pay benefit for M/C employees similar to that earned by PEF-represented employees (who receive 20% of their daily rate of pay for each day on-call), but our efforts, with both the Legislature and the Governor's Office of Employee Relations, have been unsuccessful so far. Overtime-eligible M/C employees, who are recalled to work and whose actual working hours exceed their regular workweek, receive overtime compensation.

● Given the sharp rise in gasoline prices, has there been any discussion of raising the mileage reimbursement on travel?

New York State reimburses travel based on the mileage allowance established by the Internal Revenue Service. By adhering to this allowance, according to the Comptroller's Office, reimbursements for mileage are not taxable to the employee. The IRS adjusts its rates based upon an annual study of the fixed and variable costs of operating an automobile.  The rate is 56.5 cents a mile for all business miles driven beginning January 1, 2013.

● My performance evaluation recommended a double increment. Should my salary have been increased on April 1 by that double increment?

No! Irrespective of the recommendation on your performance evaluation, there is no provision for payment of a "double increment", or more than one performance advance annually.

● I am a new employee and I don't fully understand the salary schedule system.

An M/C employee hired at the hiring rate is eligible to receive annual performance advance increases until the employee's salary reaches the job rate. Performance advances are effective April 1 and paid in amounts equal to 1/6 of the difference between the hiring rate and the job rate. Eligible employees are those who have served in grade for at least 13 complete payroll periods in the preceding year. Employees in grades M/C-17 and below receive additional compensation in the form of longevity increases upon completion of 5 or 10 years at the job rate.

● I am confused about the salary schedules. I can see my grade, but sometimes it is referred to as M1, sometimes 661. Please advise. Many thanks for a wonderful site!

M-1 and 661 mean one and the same thing. The "M" stands for "Management" and "66" is a numerical prefix used instead of "M" for payroll processing purposes.

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