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off with pay as provided by Section 63 of the Public Officers Law or

Section 249 of the Military Law. If the employee has waived holiday pay,

the employee is entitled to compensatory time off for time worked on the
holiday in lieu of such holiday pay and is not entitled to a second day of

compensatory time off because of provisions of the Public Officers Law or
the Military Law. In the one case, both holiday pay and compensatory time

off must be granted, in the other case, only the one day of compensatory
time off may be allowed.

An eligible former reservist is entitled to compensatory time off for time
worked on Independence Day and an eligible veteran for time worked on

Memorial Day or Veterans Day. If that day falls on a Saturday and the State
designates another day to be observed as a holiday in lieu of such holiday

(and the employee is entitled to observe such designated holiday), the
employee is entitled to holiday pay and/or compensatory time off for time

worked on such other day. The employee is also entitled to compensatory
time off for time worked on the Saturday observed as the legal holiday.

However, the employee is not eligible for holiday pay for time worked on
the legal holiday since it is not a day observed as a holiday by the State as

an employer.

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