N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.5 - Workers' compensation leave

(a)

(1) Employees necessarily absent from duty because of an occupational injury, disease or condition as defined in the Workers' Compensation Law, incurred on or after the effective date of this section, shall be eligible for a workers' compensation benefit as provided by law, and the treatment of time and leave benefits shall be as provided in this section.

(2) A workers' compensation injury shall mean any occupational injury, disease or condition found compensable as defined in the Workers' Compensation Law.

(3) The treatment of time and leave benefits for an employee necessarily absent from duty because of an occupational injury, disease or condition incurred through an assault to the employee, suffered by the employee in the pursuit of a criminal, or incurred while coming to the aid of an employee, member of the public or in response to an emergency, shall be as provided to nonjudicial uniformed employees covered by the collective bargaining agreement between the Unified Court System and the Civil Service Employees Association, Inc., Local 1000, AFSCME (AFL-CIO).

(b) An employee who suffers compensable occupational injury shall, upon completion of a 10-workday waiting period, be placed on a leave of absence without pay for all absences necessitated by such injury and shall receive the benefit provided by the Workers' Compensation Law except as modified in this section.

(c) An employee necessarily absent for less than a full day in connection with a workers' compensation injury due to therapy, a doctor's appointment, or other required continuing treatment may charge accrued leave for said absences.

(d) An employee required to serve a waiting period pursuant to subsection (b) of this subdivision shall have the option of using accrued leave credits or being placed on leave without pay. When an employee has charged credits, upon receipt of documentation from the State Insurance Fund issuing a credit for the time charged, the employee shall be entitled to restoration of credits charged proportional to the net monetary award credited to the Unified Court System by the Workers' Compensation Board. In the event the restoration of credits is not sufficient to restore the full amount of accrued leave used during the waiting period, the State shall credit to the employees' leave accruals the difference between the accrued leave used and the Workers' Compensation Board Credit.

(e) When annual leave credits are restored pursuant to this section and such restoration causes the total annual leave credits to exceed 54 days, a period of one year from the date of the return of the credits or the date of return to work, whichever is later, shall be allowed to reduce the total accumulation to 54 days.

(f) An employee receiving workers' compensation payments for a period of disability found compensable by the Workers' Compensation Board shall be treated as though the employee is on the payroll for the length of the disability, not to exceed 12 months per injury, for the sole purposes of accruing seniority, credit for continuous service, eligibility for health insurance, accrual of vacation and sick leave credit, and retirement credit and contributions.

(g)

(1) Where an employee's workers' compensation claim is controverted by the State Insurance Fund, the employee may utilize leave credits (including sick leave at half pay, if eligible) pending a determination by the Workers' Compensation Board.

(2) If the employee's controverted or contested claim is decided in the employee's favor, any leave credits charged (and sick leave at half pay eligibility) shall be restored proportional to the net monetary award credited to the Unified Court System by the Workers' Compensation Board.

(3) If the employee was in leave without pay status pending determination of a controverted or contested claim, and the claim is decided in the employee's favor, the employee shall receive the benefits in subdivision (f) of this section for the period covered by the award, not to exceed 12 months per injury.

(h) If the date of the disability incident is prior to the effective date of this section, the benefits available shall be provided as set forth in the provisions of this section in effect immediately prior to the effective date of this section.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.5

Amended New York State Register May 29, 2019/Volume XLI, Issue 22, eff. 5/29/2019