New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter B - Policies of the Board of Trustees › Part 337 - Leave Of Absence For Employees In The Professional Service › Title G - Disability Leave › Section 337.30 - Disability leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon being
					 discontinued from service in accordance with provisions of the State University
					 Group Disability Insurance Program, an employee shall be granted a leave
					 without pay for disability and shall be continued on such leave without pay
					 until the disability ceases, the employee reaches age 65, or death, whichever
					 event occurs first. Notwithstanding the foregoing, after five calendar years on
					 such leave, an employee shall not have any right or entitlement to be restored
					 to regular employment status. For purposes of the State University Group
					 Disability Insurance Program, the chief administrative officer may require an
					 employee to be examined by a physician selected by the college at its expense.
					 Determination that a disability exists may be made by the chief administrative
					 officer upon the advice of the college's examining physician. Notwithstanding
					 the failure of an employee to cooperate with the college's examining physician,
					 a determination that a disability exists may be made by the chief
					 administrative officer upon advice of the college's examining physician that
					 there are reasonable grounds to assume that a disability benefit would be
					 payable in accordance with the State University Group Disability Insurance
					 Program. If the chief administrative officer determines, in accordance with the
					 provisions of this section, that a disability exists, the employee must apply
					 for disability benefits under the State University Group Disability Insurance
					 Program. In the event the employee does not apply for disability benefits, the
					 employee shall be placed on disability leave without pay. If, upon a finding
					 that an employee is not disabled, the disability insurance carrier disapproves
					 an employee's application for benefits, the employee shall be restored to
					 regular employment status.
(b)
					 Discontinuation from service of employees not covered by the State University
					 Group Disability Insurance Program. Upon being discontinued from service as a
					 result of a disability which prevents performance of the employee's duties, an
					 employee shall be granted a leave without pay until the disability ceases, the
					 employee reaches age 65, or death, whichever event occurs first.
					 Notwithstanding the foregoing, after five calendar years on such leave, an
					 employee shall not have any right or entitlement to be restored to regular
					 employment status. For purposes of determining the existence of such a
					 disability, the chief administrative officer may require an employee to be
					 examined by a physician selected by the college at its expense. Determination
					 that a disability exists may be made by the chief administrative officer upon
					 the advice of the college's examining physician. Notwithstanding the failure of
					 an employee to cooperate with the college's examining physician, a
					 determination that a disability exists may be made by the chief administrative
					 officer upon advice of the college's examining physician that there are
					 reasonable grounds to assume that a disability exists which would prevent an
					 employee from performing the employee's duties. If the chief administrative
					 officer determines, in accordance with the provisions of this section, that
					 such a disability exists, the employee shall be placed on a disability leave
					 without pay. Where appropriate, the chief administrative officer, after
					 consulting with the college's examining physician, may refer the employee to an
					 employee assistance program or to other service agencies. The employee,
					 however, shall be permitted to use any and all sick leave credits which have
					 been accumulated pursuant to sections
					 337.7 and
					 337.8  of
					 this Part and may request additional sick leave pursuant to section
					 337.11  of
					 this Part. An employee who has been placed on disability leave without pay
					 pursuant to this section may subsequently request to be restored to regular
					 employment status. Such request must be submitted in writing to the chief
					 administrative officer accompanied by suitable medical evidence from the
					 employee's physician that the employee no longer has a disability which would
					 prevent performance of the employee's duties. Following receipt of such
					 submissions, the chief administrative officer may require the employee to be
					 examined by a physician selected by the college at its expense prior to making
					 a determination whether to restore the employee to regular employment status.
					 Upon a finding by the college's examining physician that the employee no longer
					 has a disability which would prevent performance of the employee's duties, the
					 employee shall be restored to regular employment status. Upon a finding by the
					 college's examining physician that the employee continues to have a disability
					 which prevents performance of the employee's duties, the chief administrative
					 officer may require the employee to be examined by a physician from the New
					 York State Department of Civil Service Employee Health Service at the college's
					 expense prior to making a determination whether to restore the employee to
					 regular employment status. The determination of whether to restore the
					 employment status may be made by the chief administrative officer upon the
					 advice of the physician from the employee health service concerning the
					 existence of a disability which would prevent the employee from performing the
					 employee's duties.