New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter C - Rules Of The Chief Administrator Of The Courts
Part 135 - Sick Leave Bank Program
Section 135.3 - Grants from sick leave bank

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Eligibility. Bank members are eligible to request a grant of sick leave credits from the bank if they:

(1) have one year of service with the court system;

(2) are necessarily absent from work due to serious injury or illness; and

(3) have exhausted all leave accruals.

(b) Procedure.

(1) Application for a grant of bank credits shall be on forms promulgated by the Chief Administrator and must include documentation from a medical practitioner setting forth the nature of the injury or illness, the prescribed treatment and the prognosis for return to work.

(2) The Director of the Division of Human Resources or his or her designee shall review all applications and determine what, if any, grant should be made. In making these determinations, the director shall take into account the nature of the illness or injury, adequacy of the medical documentation submitted and the applicant's length of service and attendance record.

(3) Employees denied bank credits may resubmit the application with additional documentation or further explanation.

(4) Employees may appeal a denial of bank credits to the Administrative Director based upon the materials submitted to the Director of Human Resources. Appeals shall be taken no later than 30 days after the denial.

(5) The Director of Human Resources or his or her designee may periodically require that an employee receiving bank credits supply medical documentation supporting the need for continued absence and may request that an employee be examined by a physician selected by the court system to determine the need for continued absence.

(6) Employees returning to work at an earlier than anticipated date must return all unused credits to the bank.

(c) All grants of bank credits shall be prospective only.

(d) Employees shall be eligible for ten days of bank credit for each year of court system service up to a maximum of 130 days of bank credit. No grant of credit shall exceed 130 days (at a full-time or part-time rate).

(e) Accruals of annual leave and sick leave. Employees who are using bank credits shall continue to accrue annual leave and sick leave. Accruals of annual leave will be charged prior to the charging of bank credits. Accruals of sick leave will not be charged until bank credits are exhausted.

(f) Accumulation of leave credits shall not extend any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

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