N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.3 - Annual leave
(a) An employee shall be entitled to
combined vacation, personal business and religious holiday leave of 20 workdays
annually and, unless otherwise provided in this Part, shall be entitled on his
or her anniversary date to one additional day for each completed year of
continuous service in the Unified Court System up to a maximum of 27 workdays
annually. Thereafter, such employee shall earn annual leave for completed
biweekly pay periods at a rate equal to 26 days for 26 such pay periods, and
also shall earn one additional day of annual leave on his or her anniversary
date.
(b) An employee
who has completed 25 years of service in the Unified Court System or the State
shall be entitled on his or her anniversary date to one additional annual leave
day each year.
(c) An
employee who has completed 30 years of service in the Unified Court System or
the State shall be entitled on his or her anniversary date to one additional
annual leave day each year, in addition to the one additional annual leave day
provided in subdivision (b) of this section.
(d) Employees who were officially
entitled prior to April 1, 1977 to receive additional annual leave days and
religious holiday leave days, and who have received such additional leave days
continuously thereafter, may continue to receive such leave, provided that such
leave is limited to a maximum of 30 annual leave days and three religious
holiday leave days per year. Religious holiday leave days shall be credited on
a calendar-year basis. Such days may be used only in the calendar year in which
they are credited and may not be carried over from one calendar year to the
next. Religious holiday leave days may be used only for recognized days of
religious observance for which the faith requires its members to make religious
observance.
(e)
Employees entering the service of the Unified Court System shall be entitled to
accrue annual leave from their initial date of hire. An employee shall not earn
annual leave credits for any biweekly pay period unless he or she is in
full-pay status for at least seven workdays during such biweekly pay
period.
(f) A
part-time, per diem or hourly paid employee eligible to earn annual leave
credits pursuant to this Part shall earn annual leave credits as provided
herein, but such employee's total pay when absent on such leave shall be the
amount which would have been due if the employee had worked his or her usual
number of hours or days during such period.
(g) The time at which annual leave may
be drawn by an employee shall be subject to the prior approval of the
administrative authority.
(h) Annual leave credits shall be used
in units of not less than 15 minutes.
(i) No accumulation of annual leave
credits in excess of 54 days may be carried over from one fiscal year to the
next. Any such accumulation in excess of 54 days at the end of a fiscal year
shall be converted into sick leave. The administrative authority may grant an
employee specific permission to exceed the 54-day maximum for a period of no
longer than one year where the needs of the court or agency require that the
employee postpone his or her vacation.
(j) A leave of absence without pay, or a
resignation followed by reemployment in the Unified Court System within one
year following such leave of absence or resignation, shall not constitute an
interruption of continuous service for the purposes of this Part; provided,
however, that leave without pay for more than six months or the period between
resignation and reemployment during which the employee is not in the service of
the Unified Court System, shall not be counted in determining eligibility for
additional annual leave credits under this Part.
(k) To the extent practicable,
annual leave credits shall be used prior to appointment, promotion,
reassignment or transfer to a different court or agency. The court or agency to
which an employee is appointed, promoted, reassigned or transferred shall
credit him with all of his accumulated annual leave credits not used prior to
such appointment, promotion, reassignment or transfer.
(l) In the event the
administrative authority determines that operations in a particular court or
courts will be recessed for at least four consecutive workdays, the
administrative authority may require employees during such recess to charge up
to four days' annual leave in each fiscal year.
Notes
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