N.Y. Comp. Codes R. & Regs. tit. 10 § 84.20

Current through Register Vol. 46, No. 45, November 2, 2024

Section 84.20 - Workmen's compensation leave

(a) Leave for absence necessitated by occupational injury or disease. Except as otherwise provided in subdivision (b) and (c) hereof, an employee necessarily absent from duty because of occupational injury or disease as defined in the Workmen's 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.

(b) Controverted cases. If the employee's claim for benefits under the Workmen's 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.

(c) 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.

(d) Pay during leave. An employee on leave under this section may receive pay, as follows:

(1) 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.

(2) Except when on full pay status under paragraph (1) of this subdivision, the employee may draw accrued sick leave credits, subject to the provisions of these rules pertaining thereto.

(3) If not drawing full pay under paragraph (1) or paragraph (2) of this subdivision, 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.

(e) 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.

(f) Award credited to State. An award by the Workmen's 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.

(g) 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.

(h) 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 the Civil Service Law.

(i) 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.

(j) Where the department has refused to grant the employee pay during leave pursuant to subdivision (d) above 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.

(k) Construction. This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 84.20