Of course, you need not request leave for the entire seven-month period if you wish to resume work earlier. If both parents are State employees, several options may exist for them. One parent may elect to take the childcare leave, they may elect to split the seven-month leave, or they may request concurrent leave. Agencies may, at their discretion, consider an employee's request to extend leave beyond the mandatory seven-month period. Workers' Compensation benefits provide protection for employees relative to medical expenses and loss of salary resulting from an occupational injury or illness.
Basic protection is provided under the Workers' Compensation Law.
Refer to the section on Safety for information on reporting occupational injuries and illnesses. Employees absent for one cumulative year due to occupational injury or illness may be terminated from State service under Section 71 of the Civil Service Law, which also provides certain re-employment rights if the employee subsequently recovers. This leave can also be used for the arrival of a new child by birth, adoption, or foster placement. Although FMLA leave is unpaid, the employee may elect to charge appropriate leave credits in order to continue income during such an absence. State employees are covered under New York State Military Law and Federal Military Law.