N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 28-1.4 - Extended sick leave

(a)

(1) Effective January 1, 1986, this section shall apply only to persons who were in State service on December 31, 1985, including persons on an authorized leave of absence on such date and to persons who were in State service prior to December 31, 1985, who prior to such date resigned, retired or who were otherwise separated from their positions who are reem ployed or reinstated to State service on or after January 1, 1986, who have creditable State service prior to January 1, 1986, who are eligible for but decline to participate in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and any such persons who are not otherwise eligible to participate in said plan. For the purpose of this section, an employee has prior creditable service if such person is reemployed within one year of resignation, retirement or termination or is reinstated by the Civil Service Department or Commission or by court order or is reemployed from or while eligible to be reemployed from a preferred list.

(2) The appointing authority may, in its discretion, advance sick leave credits to an employee absent due to personal illness who has exhausted accumulated sick leave, vacation and overtime credits. Such advanced 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 subdivision shall not at any time exceed a total of five days.

(b) The appointing authority may in its discretion, upon written request from an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to such employee who is absent for the purpose of obtaining a guide dog or service animal and required training related thereto and who has exhausted accumulated leave credits, provided the cumulative total of sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced 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 an employee under the provisions of this subdivision shall not, at any time, exceed a total of 26 days.

(c) Upon termination of the employee's services, any such advance of sick leave not offset by subsequent accumulations of sick leave, vacation, personal leave, overtime, or other leave credits shall be deducted from salary or wages due the employee.

N.Y. Comp. Codes R. & Regs. Tit. 4 §§ 28-1.4