N.Y. Comp. Codes R. & Regs. tit. 4 § 28-1.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 28-1.6 - Personal leave

(a) Personal leave is leave with pay for personal business, including religious observance, without charge against accumulated vacation or overtime credits. Employees shall be entitled to personal leave, not exceeding a total of five days in a year, to be credited as follows:

(1) An employee credited with personal leave as provided under this section shall continue to be credited with five days' personal leave each year on the anniversary date of the date such employee was so credited.

(2) Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Part and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Part, shall be credited with five days' personal leave on the date of such reemployment, reinstatement or entry, as the case may be, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of such date, and, for the purpose of crediting personal leave, a per diem or hourly paid employee shall be deemed to enter State service on the date on which such employee becomes subject to the application of this Chapter or the date employed if it is anticipated the employee will become subject to this Chapter.

(3) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Part, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited, the unused personal leave standing to such employee's credit at the time of separation or leave of absence shall be restored and such employee shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to such employee prior to such separation or leave of absence.

(4) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Part, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to the employee, such reinstatement or reemployment shall be deemed to be a new entry into State service for the purposes of crediting personal leave under this Part.

(5) If an employee is appointed, promoted or transferred to another department or agency, the unused personal leave standing to the credit of such an employee at the time of such appointment, promotion or transfer shall also be transferred, and the employee shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable prior to such appointment, promotion or transfer.

(b) Personal leave shall not be cumulative, and any personal leave credit remaining unused by an employee on the date immediately preceding the anniversary date upon which such employee is entitled to receive new personal leave credits hereunder shall be cancelled. Unused personal leave shall not be liquidated in cash at the time of separation, retirement or death.

(c) Personal leave may be drawn only at a time convenient to and approved in advance by the appointing authority; provided, however, that personal leave allowed for religious observance shall be granted on the days and hours required, insofar as the same may be granted at such time without interference with the proper conduct of government functions.

(d) Personal leave may be used in such units of time as the appointing authority may approve, but the appointing authority shall not require that personal leave be used in units greater than one-quarter hour.

(e) Personal leave may be used as vacation, subject to the prior approval of the appointing authority. The appointing authority may not require an employee to give a reason for the use of personal leave, except where such reason may be required for the use of vacation for the same absence.

(f) A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also receive personal leave as provided herein, but total pay when absent on such leave shall be the amount which would have been due had such employee worked regularly at his/her usual hours for such period.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 28-1.6