1. (a) A holiday shall mean any day observed as a holiday by the State as an employer on which an employee is entitled to time off with pay or for which an employee is entitled to compensatory time off.

2. (b) An eligible officer or employee shall mean any officer or employee of the State, other than an employee subject to the provisions of section 136 of the Civil Service Law or sections 4307 or 4354 of the Education Law, who is entitled to time off with pay on a holiday and who is:

   1. (1) in the Administrative Services Unit, the Institutional Services Unit, the Operational Services Unit, the Professional, Scientific and Technical Services Unit, or the Security Services Unit, as established pursuant to article 14 of the Civil Service Law; or
   2. (2) in salary grade 22 or below, or is paid at the salary level of salary grade 22 or below, and is designated as a management/confidential employee; or
   3. (3) holding a position by appointment or employment in the organized militia of the State and is in salary grade 22 or below, or is paid at the salary level of salary grade 22 or below.

Whenever used in this Part: