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compensation or compensatory time off unless the employee has been

scheduled or directed to work.

(b) An employee electing to take compensatory time off in lieu of holiday
pay shall notify the appropriate payroll agency in writing between April 1

and June 15 in the first year of the Agreement of the employee’s intention
to do so with the understanding that such notice constitutes a waiver for the

term of this Agreement of the employee’s right to receive additional
compensation for holidays worked; provided, however, that an employee

shall have the opportunity to revoke such waiver or file a waiver, if the
employee has not already done so, by notifying the appropriate payroll

agency in writing between April 1 and May 15 in the second, third, fourth
and fifth year of this Agreement of the employee's revocation or waiver, in

which event such revocation or waiver shall remain in effect for the
remainder of the term of this Agreement.

(c) An employee who is called in to work during his or her regularly
scheduled hours of work, regardless of the length of the employee’s regular

work shift, on a day observed as a holiday by the 27 State as an employer
and which is a day other than the employee’s pass day shall receive one–

half day’s additional compensation at straight time or one-half day’s
compensatory time off, as appropriate, in accordance with his or her

election of holiday pay waiver. The daily rate of compensation shall be the
rate of 1/10 of the bi–weekly rate of compensation and shall include

geographic, location, inconvenience, shift pay and the downstate
adjustment as may be appropriate to the place or hours normally worked.

There shall be no assignment of routine or non–emergency duties or other

"make work" in order to avoid the payment of holiday call–in pay.
(d) Any employee, who is entitled to time off with pay on days observed
as the Thanksgiving Day or Christmas Day holidays by the State as an

employer, will receive at the employee’s option additional compensation

for time worked on such days or holiday compensatory time off.
Such additional compensation for each such full day worked will be at
the rate of 3/20 of the employee’s bi–weekly rate of compensation. Such

additional compensation for less than a full day of such work will be

prorated. Such rate of compensation will include geographic, location,
inconvenience, shift pay and the downstate adjustment as may be

appropriate to the place or hours worked.

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