N.Y. Comp. Codes R. & Regs. tit. 4 § 5.2

Current through Register Vol. 46, No. 19, May 8, 2024

Section 5.2 - Leaves of absence

(a) Applicability. This section shall apply to all employees subject to the provisions of this Part, except employees subject to the attendance rules for employees in New York State depart ments and institutions, Chapter II of this Title as adopted October 24, 1956, and approved October 25, 1956, effective January 3, 1957, and as amended from time to time thereafter.

(b) Leave of absence; duration. A permanent employee, or an employee holding a position by permanent or temporary appointment who requests leave because of pregnancy or childbirth, may, in the discretion of the appointing authority, be granted a leave of absence from his position, 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, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served. For the purposes of this section, 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.

(c) 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 (b) of this section, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for six months immediately preceding the subsequent leave of absence.

(d) This section shall not be construed to authorize or require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 5.2