Accumulations of vacation leave credits by members—of the professional staff not in a negotiating unit established pursuant to article 14 of the Civil Service Law (managerial/confidential employees) may exceed 40 days within any calendar year; provided, however, such accumulations shall not exceed 40 days as of the first day of any calendar year. In the case of part-time employees who accrue vacation leave credits on a pro rata basis, the maximum accumulation shall also be determined on a pro rata basis. In the event of death, retirement, resignation or other nondisciplinary separation from university service, or change of the period of professional obligation from calendar year or college year to academic year, an employee shall be compensated for such accumulated and unused vacation leave credits not to exceed a maximum of 30 days, such payment to be computed on the basis of the basic annual salary otherwise payable. In the case of death while in service, such payment shall be made to the deceased employees' estate or as provided pursuant to the Estates, Powers and Trusts Law. No payment pursuant to this subdivision shall be made if the employee moves to a position in another State agency which is covered by the attendance rules for employees in the State classified service.

On January 1st of each calendar year, an employee’s accrued vacation leave credits may not exceed 40 days. An employee’s total vacation leave credits may exceed 40 days during the calendar year but the employee must use the amount over 40 days or forfeit it on the last day of the calendar year. In the event of death, retirement, resignation or other nondisciplinary separation from university service, or change of the period of professional obligation from calendar year or college year to academic year, an employee shall be compensated for such accumulated and unused vacation leave credits not to exceed a maximum of 30 days, such payment to be computed on the basis of basic annual salary otherwise payable. In the case of death while in service, such payment shall be made to the deceased employees' estate or as provided pursuant to the Estates, Powers and Trusts Law. No payment pursuant to this subdivision shall be made if the employee moves to a position in another State agency which is covered by the attendance rules for employees in the State classified service.