N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.4 - Sick leave
(a)
(1) Sick leave is absence with pay
necessitated by the illness or disability of the employee, including illness or
disability caused by pregnancy or childbirth.
(2) For non-Family Medical Leave Act (FMLA)
approved absences, an employee shall be allowed to charge a maximum of 25 days
of sick leave in any one calendar year for absences from work to care for a
close family member during a time of illness. For purposes of this section, a
close family member shall be the employee's spouse; domestic partner; natural,
foster or step child; natural, foster or step parent; or any relative residing
with the employee or an individual for whom the employee is the primary
caregiver.
(3) An employee who is
approved for a caregiver leave pursuant to the FMLA shall be allowed to charge
absences during the FMLA period to accumulated sick leave. Sick leave charged
during the FMLA period shall not be counted towards the 25 days set forth in
subsection
24.4(a)(2) of
this section, i.e., these 25 "family sick leave" days remain available for the
employee's use before and/or after the FMLA period.
(4) During a leave pursuant to the FMLA,
employees may charge their leave accruals at the half-time
rate.
(b) Employees shall
earn sick leave credits at the rate of one-half day per biweekly pay period. No
more than 200 days of such credits may be used for retirement service credit
unless a greater benefit is provdied by law, rule or regulation, and no more
than 200 days of such credits may be used to pay for health insurance in
retirement.
(c) An employee shall
not earn sick leave credit for any biweekly pay period unless he or she is in
full-pay status for at least seven workdays during such biweekly pay
period.
(d) A part-time, per diem
or hourly employee eligible to earn sick leave credits pursuant to this Part
shall earn sick 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.
(e) An employee absent on
sick leave shall notify his or her supervisor, or the supervisor's designee, of
such absence and the reason therefor on the day of such absence and within 90
minutes after the beginning of his or her workday; provided, however, that
where the work is such that a substitute may be required, the administrative
authority may require earlier notification, but not earlier than two hours
prior to the beginning of the employee's workday.
(f) Sick leave credits may be used in such
units as the administrative authority may approve, but shall not be used in
units of less than 15 minutes.
(g)
Before absence for personal illness may be charged against accumulated sick
leave credits, the administrative authority may require such proof of illness
as may be satisfactory to the administrative authority, or may require the
employee to be examined, at the expense of the Unified Court System, by a
physician designated by the administrative authority. In the event of failure
to submit proof of illness upon request, or in the event that, upon such proof
as is submitted or upon the report of medical examination, the administrative
authority finds that there is not satisfactory evidence of illness sufficient
to justify the employee's absence from the performance of his or her duties,
such absence may be considered as unauthorized leave and shall not be charged
against accumulated sick leave credits. Abuse of sick leave shall be cause for
disciplinary action.
(h) The
administrative authority may require an employee who has been absent because of
personal illness, prior to and as a condition of his or her return to duty,
to submit medical documentation to establish that he or she is not
disabled from the performance of his or her normal duties and that his or her
return to duty will not jeopardize the health of other employees. If the
medical documentation provided is deemed insufficient by the administrative
authority, the employee may be asked to provide additional medical
documentation, and, if such additional medical documentation is not provided or
is deemed insufficient, the administrative authority may require the employee,
prior to and as a condition of his or her return to duty, to be
examined, at the expense of the Unified Court System, by a physician designated
by the administrative authority, to establish that the
employee is not disabled from the performance of his or her normal
duties and that his or her return to duty will not jeopardize the health of
other employees.
(i) In addition to
personal illness of an employee, personal visits by such employee to a doctor,
dentist or other medical practitioner, when approved by the administrative
authority, may be charged against accumulated sick leave credits. Proof of the
need for such visits, satisfactory to the administrative authority, may be
required.
(j) When an employee is
transferred or reassigned, the court or agency to which the employee is
transferred or reassigned shall credit the employee with all of his or her
accumulated sick leave credits not used prior to such transfer or reassignment.
When an employee is separated from service for other than disciplinary reasons
and is subsequently reinstated or reemployed within one year after such
separation, or is reinstated by action of the Chief Administrator of the
Courts, or is reinstated or reemployed while eligible for reinstatement from a
preferred list, his or her sick leave credits accumulated and unused at the
time of his or her separation shall be restored; provided, however, that such
sick leave credits shall not be restored except where leave records
satisfactory to the administrative authority are available.
(k) Sick leave bank program. The Chief
Administrator or his or her designee may establish rules and procedures
permitting an employee who has exhausted all of his or her sick leave, annual
leave and overtime credits to draw sick leave credits from a sick leave bank
established through the contribution of leave credits by employees who
participate in the program.
Notes
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