N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.7 - Leaves without pay
(a)
Leave of absence; duration. A permanent employee may, in the discretion of the
administrative authority, be granted a leave of absence, without pay, for a
period not exceeding two years. Such leave may be extended beyond two years,
for periods aggregating not in excess of an additional two years. In an
exceptional case, a further extension may be permitted for good cause shown and
where the interests of the Unified Court System would be served. For the
purposes of this Part, time spent in active service in the military forces of
the United States or of the State of New York shall not be considered in
computing the period of leave.
(b)
Successive leaves of absence. Where a leave of absence without pay has been
granted for a period which aggregates two years, or more if extended pursuant
to subdivision (a) of this section, a subsequent leave of absence without pay
may not be granted until after the employee returns to his or her position and
serves continuously therein for six months immediately preceding the subsequent
leave of absence.
(c) Leave for
child care. A combined confinement and child-care leave of absence without pay
shall be granted to an employee who becomes the parent of a child up to four
years of age, either by birth, or by adoption, for a period of up to 12 months,
provided that effective April 1, 2024, such leave shall also be available for
foster placements and adoptions of children of any age. In one instance per
employee only, a period beyond 12 months, but not more than another successive
12-month period, may be granted at the discretion of the administrative
authority, subject to the staffing needs of the court or agency.
(d) A grant of leave pursuant to this section
shall not be construed to require extension of any employment beyond the time
at which it would otherwise terminate by operation of law, rule or
regulation.
Notes
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(a) Leave of absence; duration. A permanent employee may, in the discretion of the administrative authority, be granted a leave of absence, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years. In an exceptional case, a further extension may be permitted for good cause shown and where the interests of the Unified Court System would be served. For the purposes of this Part, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.
(b) Successive leaves of absence. Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to subdivision (a) of this section, a subsequent leave of absence without pay may not be granted until after the employee returns to his or her position and serves continuously therein for six months immediately preceding the subsequent leave of absence.
(c) Leave for child care. A combined confinement and child-care leave of absence without pay shall be granted to an employee who becomes the parent of a child up to four years of age, either by birth, or by adoption, for a period of up to 12 months, provided that effective April 1, 2024, such leave shall also be available for foster placements and adoptions of children of any age. In one instance per employee only, a period beyond 12 months, but not more than another successive 12-month period, may be granted at the discretion of the administrative authority, subject to the staffing needs of the court or agency.
(d) A grant of leave pursuant to this section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.