N.Y. Comp. Codes R. & Regs. tit. 4 § 28-2.2

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

Section 28-2.2 - Extended sick leave

(a) This subdivision shall apply to persons appointed prior to January 1, 1986 provided they elected to participate in the State's Income Protection Plan, and to persons appointed on or after January 1, 1986 with no creditable State service prior to such date who were either required to participate in the State's Income Protection Plan or were ineligible to participate in the State's Income Protection Plan. 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 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.

(b) This section shall apply only to employees appointed on or after January 1, 1986 and ineligible to participate in the Income Protection Plan pursuant to the provisions of Part 78 of this Title (President's Regulations). The appointing authority may, in its discretion, advance sick leave credits for an absence due to personal illness, provided such employee 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 four days.

(c) Upon termination of an employee advanced sick leave pursuant to this Part, any such advanced 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 § 28-2.2