New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 84 - Attendance Rules For Hospital Teachers › Absence with Pay › Section 84.17 - Sick leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sick leave
					 is absence with pay necessitated by the illness or disability of the employee
					 including illness or disability caused by pregnancy or childbirth.
(b) Employees shall earn sick leave credits
					 at the rate of one-half day per biweekly pay period during periods they are
					 paid their regular salary and may accumulate such credits up to a total of 150
					 days; provided, however, that an employee shall not earn sick leave credit for
					 any biweekly pay period unless he is in full pay status for at least seven
					 workdays during such biweekly pay period. A part-time employee who is required
					 to work a fixed number of hours, five days per week, shall also earn sick leave
					 credit as provided herein, but his total pay when absent on such leave shall be
					 the amount which would have been due him had he been working regularly at his
					 usual hours for such period.
(c) An
					 employee absent on sick leave shall notify his supervisor of such absence and
					 the reason therefor on the first day of such absence and within two hours after
					 the beginning of the employee's workday; provided, however, that where the work
					 is such that a substitute may be required, the department may require earlier
					 notification, but not more than two hours prior to the beginning of the
					 employee's workday. An employee who fails to so notify his supervisor may be
					 deemed to be on leave without pay for that day. Sick leave credits shall not be
					 used in units of less than one-half hour.
(d) Before absence for personal illness may
					 be charged against accumulated sick leave credits, the department may require
					 such proof of illness as may be satisfactory to it, or may require the employee
					 to be examined, at the expense of the department, by a physician designated by
					 the department. In the event of failure to submit proof of illness upon
					 request, or in the event that, upon such proof as is submitted or upon the
					 report of medical examination, the department finds that there is not
					 satisfactory evidence of illness sufficient to justify the employee's absence
					 from the performance of his duties, such absence may be considered as
					 unauthorized leave and shall not be charged against accumulated sick leave
					 credits. Abuse of sick leave privileges shall be cause for disciplinary
					 action.
(e) The department may
					 require an employee who has been absent because of personal illness, prior to
					 and as a condition of his return to duty, to be examined, at the expense of the
					 department, by a physician designated by the department, to establish that he
					 is not disabled from the performance of his normal duties and that his return
					 to duty will not jeopardize the health of other employees.
(f) In addition to personal illness of the
					 employee, the following types of absence, when approved by the department, may
					 be charged against accumulated sick leave credits: illness or death in the
					 employee's family, provided, however, that charge for such absence shall not
					 exceed a maximum of 15 days in any one school year; and personal visits to
					 doctor or dentist. Proof of the need for such absences, satisfactory to the
					 department, may be required.
(g)
					 When an employee is transferred to another position in the same or a different
					 department or agency and such position is subject to attendance rules approved
					 by the New York State Civil Service Commission, his accumulated sick leave
					 credits shall be transferred with him. When an employee is separated from
					 service for other than disciplinary reasons and is subsequently reinstated or
					 re-employed within one year after such separation, or is reinstated by action
					 of the State Civil Service Commission, or is reinstated or reemployed while
					 eligible for reinstatement from a preferred list, his sick leave credits
					 accumulated and unused at the time of his separation shall be restored;
					 provided, however, that such sick leave credits shall not be restored except
					 when leave records satisfactory to the appointing authority are
					 available.
(h) Every employee
					 shall, on the date on which he becomes subject to these rules, be credited with
					 the number of days of sick leave which he had accumulated under the Attendance
					 Rules for Employees in New York State Departments and Institutions (see 4 NYCRR
					 Chapter II) and had remaining to his credit as of such date.
(i) This section shall not be construed to
					 require extension of any employment beyond the time at which it would otherwise
					 terminate by operation of law, rule or regulation.