N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.11 - Payment for accruals upon separation

(a) At the time of separation from service in the Unified Court System, an employee or the employee's estate or beneficiary, as the case may be, shall be compensated in cash for overtime credits not in excess of 30 days accrued and unused as of the effective date of separation; and further, except where provision is made for the transfer of leave credits, the employee or the employee's estate or beneficiary shall be compensated in cash for annual leave credits not in excess of 45 days accrued and unused as of the effective date of separation, except, that in the case of resignation, the Chief Administrator of the Courts or his or her designee may require, as a condition for such payment, that written notice of such resignation be given to the Chief Administrator or his or her designee at least two weeks prior to the last day of work. Effective April 1, 1998, the employee or the employee's estate or beneficiary shall be compensated in cash for annual leave credits not in excess of 50 days. No employee who is removed from Unified Court System service as a result of disciplinary action, or who resigns after charges of incompetency or misconduct have been served upon him or her, shall be entitled to compensation for annual leave credits under this subdivision.

(b) An employee on leave from his or her position on account of entry into the Armed Forces of the United States for active duty (other than for training as defined by title 10 of the United States Code), may elect to receive compensation in cash for accrued and unused annual leave and overtime credits not in excess of 30 days in each category accrued and unused as of the last date on which his or her name appeared on the Unified Court System payroll.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.11