N.Y. Comp. Codes R. & Regs. tit. 22 § 24.6
Current through Register Vol. 46, No. 25, June 18, 2024
Section 24.6 - Other leaves with pay(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.N.Y. Comp. Codes R. & Regs. Tit. 22 § 24.6
Amended New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff. 6/24/2015Amended New York State Register July 20, 2016/Volume XXXVIII, Issue 29, eff. 7/20/2016Amended New York State Register May 29, 2019/Volume XLI, Issue 22, eff. 5/29/2019Amended New York State Register May 8, 2024/Volume XLVI, Issue 19, eff. 5/8/2024