Current through Register Vol. 46, No. 12, March 20, 2024
(a) Saturdays,
Sundays and holidays.
(1) All Saturdays,
Sundays and legal holidays shall, so far as practicable, be allowed as days
off. Employees required to work on any of these days shall not be entitled to
compensatory time off in lieu thereof.
(2) The days prescribed as holidays by the
department's annual calendar for the school year shall be observed as
holidays.
(b) Floating
days off.
(1) There will be three "floating
days" added to the school calendar. These days will be established as the first
three calendar days of the school year. Establishment of less than three
floating days will occur only through local labor/management agreement.
However, in no instance shall there be more than three floating days. These
floating days are earned-days and will only be credited to the employee if they
are worked. Employees paid on an hourly basis (as opposed to an annual-funded
basis) are not credited with floating days as they receive pay rather than time
for working those days.
(2) The
floating days credited cannot carry over from year to year.
(3) Since employees may not be compensated in
cash for floating days off, it is necessary that such time off be scheduled
prior to separation from their teacher/vocational instructor/education
supervisor position.
(4) No teacher
will work more than 185 days during the school year. Floating days shall be
used no later than June 10th.
(5)
Employees unable to work any of the designated floating days shall notify the
facility prior to the start of the workday. Employee absences taken on floating
days will not be charged against accruals.
(6) These extra days off are to be recorded
in a separate leave category and are to be used in full-day units.
(7) Requests for floating days off will be
made, in writing, and will be subject to supervisor's approval. Such requests
will not be unreasonably denied. Responses to requests for floating days off
will be given within three days.
(c) Absences during school year. Except as
provided by these rules and except as provided by the department's annual
calendar for the school year, employees shall not be entitled to any leave of
absence with pay during the school year; provided, however, that the department
may grant time off with pay for religious observance, teacher conferences and
other appropriate professional meetings, and for extraordinary or emergency
absences. Employees may be required to make up such time off by appropriate
adjustments in their daily or weekly work schedules.
(d) Sick leave.
(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) Employees shall earn sick leave credits
at the rate of one-half day per biweekly pay period during periods they are
paid their regular salary and may accumulate such credits up to a total of 150
days; provided, however, that an employee shall not earn sick leave credit for
any biweekly pay period unless he is in full pay status for at least seven
workdays during such biweekly pay period. A part-time employee who is required
to work a fixed number of hours, five days per week, shall also earn sick leave
credit as provided herein, but his total pay when absent on such leave shall be
the amount which would have been due him had he been working regularly at his
usual hours for such period.
(3) An
employee absent on sick leave shall notify his supervisor of such absence and
the reason therefor on the first day of such absence and within two hours after
the beginning of the employee's workday; provided, however, that where the work
is such that a substitute may be required, the department may require earlier
notification, but not more than two hours prior to the beginning of the
employee's workday. An employee who fails to so notify his supervisor may be
deemed to be on leave without pay for that day. Sick leave credits shall not be
used in units of less than one-half hour.
(4) Before absence for personal illness may
be charged against accumulated sick leave credits, the department may require
such proof of illness as may be satisfactory to it, or may require the employee
to be examined, at the expense of the department, by a physician designated by
the department. 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 department finds that there is not
satisfactory evidence of illness sufficient to justify the employee's absence
from the performance of his duties, such absence may be considered as
unauthorized leave and shall not be charged against accumulated sick credits.
Abuse of sick leave privileges shall be cause for disciplinary
action.
(5) The department may
require an employee who has been absent because of personal illness, prior to
and as a condition of his return to duty, to be examined, at the expense of the
department, by a physician designated by the department, to establish that he
is not disabled from the performance of his normal duties and that his return
to duty will not jeopardize the health of other employees.
(6) In addition to personal illness of the
employee, the following types of absence, when approved by the department, may
be charged against accumulated sick leave credits: illness or death in the
employee's family; provided, however, that charge for such absence shall not
exceed a maximum of 15 days in any one school year; personal visits to doctor
or dentist. Proof of the need for such absences, satisfactory to the
department, may be required.
(7)
When an employee is transferred to another position in the same or a different
department or agency and such position is subject to attendance rules approved
by the New York State Civil Service Commission, his accumulated sick leave
credits shall be transferred with him. 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 State Civil Service Commission, or is reinstated or reemployed while
eligible for reinstatement from a preferred list, his sick leave credits
accumulated and unused at the time of his separation shall be restored;
provided, however, that such sick leave credits shall not be restored except
when leave records satisfactory to the appointing authority are
available.
(8) Every employee
shall, on the date on which he becomes subject to these rules, be credited with
the number of days of sick leave which he had accumulated under the attendance
rules for employees in New York State departments and institutions (see 4 NYCRR
Chapter II) and had remaining to his credit as of such date.
(9) 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.
(e) Extended sick leave.
(1) The department may, in its discretion,
advance sick leave credits to an employee absent due to personal illness who
has exhausted his accumulated sick leave credits. Such advance sick leave
credits shall be repaid, as soon as practicable after the employee's return to
duty, from subsequent accumulations of time credits. The outstanding unrepaid
sick leave credits advanced to any employee under the provisions of this
section shall not at any time exceed a total of five days.
(2) Upon termination of the employee's
services any such advance of sick leave not offset by subsequent accumulations
of sick leave credits, shall be deducted from salary or wages due the
employee.
(f) Sick leave
at half pay. The department may, in its discretion, grant sick leave at half
pay for personal illness to a permanent employee having not less than a year of
service after all of his sick leave credits have been used; provided, however,
that the cumulative total of all sick leave at half pay granted to any employee
after January 2, 1957 shall not exceed one pay period for each complete six
months of his State service.
(g)
Workers' compensation leave.
(1) Leave for
absence necessitated by occupational injury or disease. Except as otherwise
provided in paragraphs (2) and (3) of this subdivision, an employee necessarily
absent from duty because of occupational injury or disease as defined in the
Workers' Compensation Law, upon giving notice to the department that he is
absent on account of such injury or disease and that he claims benefits under
such law, shall be allowed leave from his position for the period of absence
necessitated by such injury or disease, up to cumulatively one year including
any periods of such absence during which the employee draws sick leave credits.
Such leave may be extended for further periods in the discretion of the
appointing authority.
(2)
Controverted cases. If the employee's claim for benefits under the Workers'
Compensation Law is controverted by the State Insurance Fund (at the request of
the department or on its own initiative) and the department is so notified, the
employee shall not be entitled to leave under this section. This shall not,
however, adversely affect the employee's eligibility for leave under other
provisions of these rules. If final determination of the controverted claim is
in favor of the employee, he shall be entitled to leave under this section, and
all absences before such final determination, to the extent that the same were
necessitated by his occupational injury or disease, shall be deemed to have
been pursuant to leave under this section.
(3) Permanent incapacity. Leave under this
section may be withheld or terminated if the department determines that the
occupational injury or disease suffered by the employee is of such a nature as
to permanently incapacitate him for the performance of the duties of his
position.
(4) Pay during leave. An
employee on leave under this section may receive pay as follows:
(i) The department upon finding that the
employee is in fact disabled from the performance of his duties, may grant the
employee full pay during such leave not exceeding cumulatively six months. Such
full pay may be granted irrespective of the employee's accrued credits under
these rules.
(ii) Except when on
full pay status under subparagraph (i) of this paragraph, the employee may draw
accrued sick leave credits, subject to the provisions of these rules pertaining
thereto.
(iii) If not drawing full
pay under subparagraph (i) or (ii) of this paragraph, an employee may, in the
discretion of the department, be allowed to draw sick leave at half pay for
which he may be eligible under these rules.
(5) Accrual of leave credits. An employee who
receives full pay for any period of leave under this section shall earn sick
leave credits during such period.
(6) Award credited to State. An award by the
Workers' Compensation Board of compensation for any period for which the
employee receives or received pay from the State shall be credited to the State
as reimbursement of wages paid.
(7)
Restoration of leave credits. Sick leave credits, including sick leave at half
pay, used by an employee during a period of absence for which an award of
compensation has been made and credited to the State as reimbursement for wages
paid shall be restored to him in full; provided, however, that no restoration
shall be made for any absence of less than a full day. Credits so restored may
not again be used for future absences attributable to the same injury. An
employee restored to service after absence on leave under this section shall
have one year from the date of such restoration to reduce his accrued leave
credits to the limits prescribed in these rules.
(8) Reinstatement. Upon request of the
employee for reinstatement at or prior to the expiration of the maximum period
of allowed leave, the department, if in doubt as to whether the employee is
physically and mentally fit to perform the duties of his position, may require
the employee to undergo medical examination, by a physician designated by the
department, before the employee may be reinstated. If reinstatement is denied,
the employee may make application therefor in the manner prescribed by section
71 of the Civil Service Law. If an employee
continues absent after the expiration of the maximum period of allowed leave,
his eligibility for reinstatement shall be governed by section 71 of this Civil
Service Law.
(9) Medical
examination. In order to enable the department to make such determinations as
are authorized or required under this section, the department may require an
employee at any time to be examined by a physician designated by the
department.
(10) Where the
department has refused to grant the employee pay during leave pursuant to
paragraph (4) of this subdivision, or has withheld or terminated a leave of
absence on the ground that the occupational injury or disease is of such a
nature as to permanently incapacitate the employee for the performance of the
duties of his position, the employee may request the Civil Service Commission
to review the determination of the department. If the commission finds that
such determination of the department is arbitrary or unreasonable, it may
reverse or modify such determination.
(11) Construction. This section shall not be
construed to require extension of any employment beyond the time at which it
would otherwise terminate.
(h) Leave for subpoenaed appearance and jury
attendance. On proof of the necessity of jury service or appearance as a
witness pursuant to subpoena or other order of a court or body, an employee
shall be granted a leave of absence with pay with no charge against leave
credits; provided, however, that this subdivision shall not apply to any
absence by an employee occasioned by such an appearance if he is a
party.
(i) Leave for civil service
examinations. Employees shall be allowed leave with pay to take New York State
Civil Service examinations at the appropriate center provided that due notice
is given by the employee to the department.
(j) Leave for quarantine. If an employee who
is not ill himself 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, he shall be granted leave with pay for
the period of his required absence, without charge against accumulated sick
leave 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
return to duty will not jeopardize the health of other employees.
(k) Leaves required by law. The department
shall grant any leave of absence, with pay, required by law.
(l) 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 department may allow such employee to
absent himself from his 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.
