New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.8 - Workers' compensation leave

Current through Register Vol. 46, No. 28, July 10, 2024
This section governs leave for employees necessarily
						absent from duty because of an injury or disease arising out of and in the
						course of State employment. Subdivisions (a) through (o) inclusive, govern
						leave for those whose injury or disease occurred before September 2, 1986,
						subdivisions (p) through (y) inclusive, govern leaves for those whose injury or
						disease occurred on or after September 1, 1986 and before September 1, 1994 and
						subdivisions (z) through (gg) inclusive, govern leaves for those whose injury
						or disease occurred on or after September 1, 1994.
(a)
(1)
					 Except as otherwise provided in subdivisions (b) and (c) of this section, an
					 employee necessarily absent from duty because of an injury or disease arising
					 out of and in the course of State employment which occurred or was suffered
					 before September 1, 1986 shall be allowed leave from his or her position in
					 accordance with the provisions of subdivisions (a) through (o) of this section
					 for the period during which the employee is unable to perform the duties of his
					 or her position because of such injury or disease upon giving timely notice
					 that such absence is the result of such injury or disease and that a claim has
					 been or will be filed for benefits under the New York State Workers'
					 Compensation Law. Such leave shall be permitted for all periods of absence
					 resulting from such injury or disease, not to exceed a cumulative total of one
					 year; provided, however, such leave may be continued for additional periods at
					 the discretion of the appointing authority.
(2) Upon granting workers' compensation leave
					 pursuant to subdivision (a) or (b) of this section, the appointing authority
					 shall provide the employee in writing with the notice specified in section
					 5.9(b) of this
					 Title, within the time specified by that section.
(3) No less than 30 days nor more than 60
					 days prior to the anticipated expiration of an employee's workers' compensation
					 leave, or the effective date of a terminaiton of the leave by the employer
					 pursuant to section
					 71 of the
					 Civil Service Law upon a finding that the unfitness to perform the duties of
					 the position is permanent where that determination does not arise from a
					 hearing, the appointing authority shall provide the employee in writing with
					 the notice specified in section
					 5.9(c)(2) of this
					 Title. If for any reason less than 30 days would remain prior to the date of
					 termination of leave, if that termination is not the result of a hearing,
					 service of the notice shall be deemed to be a grant by the appointing authority
					 of an extension of the leave to a date 30 days from the date of service of this
					 notice.