N.Y. Comp. Codes R. & Regs. tit. 8 § 337.10

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

Section 337.10 - Authorization for use

(a) For purposes of this section, temporary disability shall be defined as any temporary mental or physical impairment of health, including such an impairment resulting from pregnancy, which disables an employee from the full performance of duty.

(b) The chief administrative officer shall permit employees who are unable to perform their duties because of claimed temporary disability to use any and all sick leave credits which they have accumulated pursuant to sections 337.7 and 337.8 of this Part.

(c) The chief administrative officer may at any time require an employee to furnish suitable medical evidence from the employee's physician to substantiate a claimed temporary disability. In the absence of such suitable medical evidence, the chief administrative officer may require an employee to be examined by a physician selected by the college at its expense. In the event medical evidence does not substantiate a claimed temporary disability, the use of sick leave credits shall be disallowed and the employee shall be placed on leave without pay.

(d) Subject to prior approval of the chief administrative officer, an employee shall be allowed to use up to a maximum of 30 days of sick leave from July 2nd of each year to July 1st of the succeeding year accumulated pursuant to sections 337.7 and 337.8 of this Part for absences from work necessitated by a death or illness in the employee's immediate family. The chief administrative officer's approval of requests for sick leave for purposes described in this subdivision shall not be unreasonably withheld.

(e) The chief administrative officer may require an employee who has been absent due to a temporary disability, prior to and as a condition of return to work, to be examined, at the expense of the college, by a physician selected by the college, to establish that the employee is no longer disabled and that a return to work will not jeopardize the health of other employees. Such examination may not be regularly required.

(f) Subject to prior approval of the chief administrative officer, an employee certified as visually handicapped by the New York State Commission for the Blind and Visually Handicapped shall be allowed to use, up to a maximum of 26 days in any one calendar year, sick leave accumulated, pursuant to sections 337.7 and 337.8 of this Part, for the purpose of obtaining a guide dog and required training related thereto. Upon written request, the chief administrative officer also may, in the chief administrative officer's discretion, advance up to 26 days of sick leave for the purposes described in this subdivision to such certified employee 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. The chief administrative officer's approval of requests for sick leave for purposes described in this subdivision shall not be unreasonably withheld.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 337.10