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Article 46
Continuous Hours of Work
When an employee’s normal daily schedule is seven and one-half or eight
hours, an employee shall not be required but may volunteer to work more
than 16 consecutive hours in a 24-hour period.
An employee of OPWDD or OMH in a direct care title who actually
works 16 consecutive hours and then is mandated to work additional time
beyond that 16 hours shall receive double time for all hours worked in
excess of those 16 hours. In calculating eligibility, only time actually
worked shall be counted. Time charged to leave accruals or on other full
paid leave status shall not count toward determining the 16 hours of actual
work.
Article 47
Standby On-Call Rosters
§47.1 Employees who are required to be available for immediate recall and
who must be prepared to return to duty within a limited period of time shall
be listed on standby on-call assignment rosters. Assignments to such
rosters shall be equitably rotated, insofar as it is possible to do so, among
those employees qualified and normally required to perform the duties. The
establishment of such rosters at a facility shall be subject to the approval
of the department or agency involved and the Director of the Budget.
§47.2 An employee who is eligible to earn overtime shall not be required
to remain available for recall unless the employee’s name appears on an
approved recall roster. An employee shall be paid an amount equal to 25
percent of the employee’s daily rate of compensation for each eight hours
or part thereof the employee is actually scheduled to remain and remains
available for recall pursuant to such roster. An employee who is actually
recalled to work will receive appropriate overtime or recall compensation
as provided by law. Administration of such payments shall be in
accordance with rates established by the Director of the Budget. The daily
rate of compensation shall be at the rate of one-tenth of the bi-weekly rate
of compensation and will include geographic, locational, inconvenience
shift pay as may be appropriate to the place or hours normally worked.
Only employees eligible for on-call premium pay will be required to be on
call.
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