Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Leave for subpoenaed appearance and jury attendance. Upon application to the
administrative authority, together with proof satisfactory to the
administrative authority of the necessity of each day's absence from work, an
employee shall be granted a leave of absence with pay for documented absences
resulting from jury service or appearance as a witness pursuant to subpoena or
other order of a court or body. Provided, however, that this subdivision shall
not apply to any absence by an employee occasioned by such an appearance where
the employee, or his or her relative as defined in subdivision (f) of this
section, has a personal interest in the underlying action or proceeding; nor
shall this subdivision apply to any absence by an employee who receives a fee
for testifying as an expert witness. Employees entitled to leave under this
subdivision shall not be entitled to receive any remuneration for jury service
except mileage and transportation expenses. Should an employee receive a jury
fee, the Unified Court System will require reimbursement from the
employee.
(b) Leave for civil
service examinations. Employees shall be allowed leave with pay to take civil
service examinations for positions in the Unified Court System at the
appropriate center, or to appear for an official investigation or appointment
interview for positions in the competitive, noncompetitive or exempt classes,
provided that due notice is given by the employee to the administrative
authority.
(c) Leave for
quarantine. If an employee who is not ill is required to remain absent because
of quarantine and presents a written statement of the attending physician or
local health officer proving the necessity of such absence, such employee shall
be granted leave with pay for the period of his or her required absence,
without charge against accumulated sick leave, annual leave or overtime
credits. Prior to return to duty, such employee may be required to submit a
written statement from the local health officer having jurisdiction that his or
her return to duty will not jeopardize the health of other employees.
(d) Leaves required by law. An employee shall
be allowed such other leaves of absence with pay, including military leave, as
are required by law.
(e) Leave for
civil defense duties. Upon certification by the State Director of Civil Defense
of the necessity for the participation in State or local civil defense drills
of an employee enrolled as a civil defense volunteer and required to perform
civil defense duties, pursuant to the State Defense Emergency Act, the
administrative authority may allow such employee to absent himself or herself
from his or her position, without loss of pay or charge against leave credits,
for such time as is necessary for participation in such drills, but not
exceeding cumulatively five workdays per calendar year.
(f) Bereavement Leave.
(1) Leave of up to four consecutive workdays
(not to exceed a total of 28 work hours) shall be allowed immediately following
the death of an employee's spouse; domestic partner; natural, foster or step:
parent, child, brother or sister; father-in-law or mother-in-law; parent of a
domestic partner; grandparent or grandchild; any relative residing with the
employee; or an individual for whom the employee has been the primary
caregiver.
(2) Leave of up to two
consecutive workdays (not to exceed a total of 14 work hours) shall be allowed
immediately following the death of an employee's son-in-law or
daughter-in-law.
(3) Leave of up to
one day (not to exceed a total of 7 work hours) shall be allowed immediately
following the death of an employee's brother-in-law or sister-in-law.
(4) In exceptional cases where the deceased
is unavailable for burial or services, or when there is a delayed memorial
service, the Chief Administrator (or his/her designee) may, in his/her
discretion, upon an employee's request, waive the requirement that bereavement
leave is subject to the terms set forth in subsections (1) through (3)
above.
(5) Prior notice and
authorization is not required for leave under this subdivision. When a death in
an employee's family occurs while the employee is on annual leave, such time is
excusable for bereavement leave and shall not be charged to annual
leave.
(g) Conferences.
Four days' leave per annum without charge to an employee's leave credits may be
allowed to attend conferences of recognized professional organizations. Such
conferences must be directly related to the employee's profession of
professional duties. This leave is subject to the prior approval of the
administrative authority and to the staffing needs of the court or
agency.
(h) Extraordinary
Circumstances.
(1) An employee who has
reported for duty and, because of extraordinary circumstances beyond his or her
control, is directed to leave work, shall not be required to charge such
directed absence during such day against leave credits. An employee who does
not report for duty because of circumstances beyond his or her control shall
not be required to charge such absence during such day against leave credits if
the court or other facility where the employee is required to report is closed
due to extraordinary circumstances. Any release or excusal of employees due to
extraordinary circumstances does not create any right to equivalent time off by
employees not adversely affected by the extraordinary circumstances. Only the
administrative authority may direct employees to leave work.
(2) Employees who are required to physically
report to work when the court or facility where they report to work is closed
and/or operating virtually due to extraordinary circumstances shall be credited
with compensatory time for the time they worked. Employees who are directed to
work remotely when the court or facility they report to is closed and/or
operating virtually shall be credited with compensatory time in the amount of
1/2 hour for each hour worked.
(i) Blood donations. Subject to the
reasonable operating needs of the court or court-related agency, an employee
shall be allowed up to three and one-half hours leave with pay for blood
donations made during the employee's normal working hours. Such leave shall be
used only on the day the donation is made and shall include all time spend
making the donation, including travel time to and from the collection point.
This subdivision shall not apply to an employee who receives a fee for such
donation.
(j) Internal
discrimination claims. Subject to the reasonable operating needs of the court
or court-related agency, and with the prior written approval of the Equal
Employment Opportunity (EEO) Unit of the Unified Court System, an employee
shall be allowed leave with pay (1) to consult with the EEO Unit prior to
filing an internal discrimination claim, or (2) to attend meetings or
consultations with the EEO Unit in relation to a filed internal discrimination
claim. Such leave shall include reasonable travel time.
(k) Leaves for medical screening. An employee
shall be entitled to leave with pay for breast cancer screening; and/or
prostate cancer screening; and/or other types of cancer screening. Employees
shall also be entitled to leave with pay for bone marrow screening and
donation.
(l) Leave for New York
State Bar examination. Upon application to the administrative authority,
together with proof satisfactory to the State, employees registered to take the
New York State Bar examination shall be allowed two days leave with pay to take
the Bar examination and, if necessary, one day leave with pay to review the
results of such examination.
(m)
Paid Parental Leave (PPL). Effective April 1, 2024, PPL provides qualified
employees with up to 12 work weeks of fully paid leave to bond with a newborn,
adopted or foster child. If both parents are employed by the Court System, each
is entitled to PPL of up to 12 work weeks.
(1) Eligibility. Any gestational,
non-gestational, adoptive or foster parent that has at least six (6) months of
cumulative Court System service and works at least a 50% schedule as of the
date PPL commences.
(2) Leave
Entitlement and Timing.
i. PPL is available
for use once in a 12-month period, on a rolling basis, regardless of the number
of qualifying events that may occur within such 12-month period.
ii. PPL cannot be used incrementally or
intermittently and must be taken in a continuous block of time.
iii. Employees can elect to begin PPL on the
date of the qualifying event, or another date thereafter, but in no event will
PPL extend beyond seven (7) months from the date of the qualifying
event.
iv. PPL must be requested no
less than 30 calendar days in advance where the need for leave is foreseeable.
Requests for PPL must be made on the form designated by the Court System.
Approval of PPL is subject to receipt of proof of the qualifying event as soon
as is practicable under the circumstances.
(3) Other Leave Benefits.
i. Child Care Leave. PPL merely serves to
allow employees to be out on full pay, without charge to their accruals, for up
to 12 work weeks during an otherwise unpaid Child Care Leave. Accordingly,
employees may elect to use PPL at any time during the one (1) year
non-discretionary Childcare Leave in subsection
24.7(c) of this
Part, subject to the provisions of subsection
24.6(m)(2) of
this Part.
ii. Family and Medical
Leave Act (FMLA). In the event employees have FMLA leave available upon
commencement of PPL, such leave will run concurrent with PPL. Employees that
exhaust their FMLA entitlement for childbirth/bonding while using PPL may
there-after take leave under FMLA for other FMLA-qualifying events (excluding
birth of a child for which PPL was used) during the same FMLA period, provided
they are FMLA-eligible and have not already exhausted their FMLA entitlement
for such event(s).
iii. Sick Leave
Bank. Employees that are on PPL are not eligible to apply for Sick Leave Bank
time during that same period.
iv.
Other Leaves of Absence. Employees that experience a qualifying event while
they are already out of work on another leave must be cleared to return to work
from such leave of absence in order to be eligible for PPL. The timeframes for
commencing PPL and for filing an application, as set forth in subsection
24.6(m)(2) of
this Part, still apply.
(4) Continuing benefits while on paid leave.
While using PPL, employees continue to be covered by their existing insurance
benefits and all employer contributions continue. Employees continue to have
health insurance premiums, retirement contributions and other payroll
deductions withheld from their paycheck, as may be applicable. In addition,
while on PPL, employees will continue to earn bi-weekly accruals, be paid for
holidays and receive retirement service credit.
(5) Alleged violations of PPL. Any employee
who believes that they have been improperly denied PPL or that an improper
designation of PPL has been made may write to the Director of Human Resources,
Division of Human Resources, 25 Beaver Street, 7th Floor, New York, NY 10004.
The Director or designee will investigate the concern and respond to the
employee in writing.
(6) No
extension of employment. PPL shall not be used to extend employment beyond the
point it would otherwise end pursuant to the Rules and/or by operation of
law.
(7) Qualifying events that
occurred between January 1, 2024 and March 31, 2024. If a qualifying event
occurred between January 1, 2024 and March 31, 2024, an eligible employee may
be entitled to PPL pursuant to an application process to be established by the
Chief Administrator of the Courts.
(n) The Chief Administrator of the Courts or
his or his designee may grant leaves with pay for reasons not itemized in this
Part.
