N.Y. Comp. Codes R. & Regs. tit. 4 § 21.6

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

Section 21.6 - Personal leave

(a) Personal leave is leave with pay for personal business, including religious observance, without charge against accumulated vacation or overtime credits. Employees shall be entitled to personal leave not exceeding a total of five days in a year, to be credited as follows:

(1) An employee in State service on the effective date of this Chapter shall be credited with five days' personal leave on the effective date of this Chapter, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of the effective date of this Chapter.

(2) Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Chapter and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Chapter, shall be credited with five days' personal leave on the date of such reemployment, reinstatement or entry, as the case may be, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of such date, and, for the purpose of crediting personal leave, a per diem or hourly paid employee shall be deemed to enter State service on the date on which he becomes subject to the application of this Chapter.

(3) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited to him pursuant to this Chapter, the unused personal leave standing to his credit at the time of separation or leave of absence shall be restored to him and he shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to him prior to such separation or leave of absence.

(4) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to him pursuant to this Part, such reinstatement or reemployment shall be deemed to be a new entry into State service for the purposes of crediting personal leave under this Part.

(5) If an employee is appointed, promoted or transferred to another department or agency, the unused personal leave standing to his credit at the time of such appointment, promotion or transfer shall be transferred with him, and he shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable to him prior to such appointment, promotion or transfer.

(b) Personal leave shall not be cumulative, and any personal leave credit remaining unused by an employee on the date immediately preceding the anniversary date upon which he is entitled to receive new personal leave credits hereunder shall be cancelled. Unused personal leave shall not be liquidated in cash at the time of separation, retirement or death.

(c) Personal leave may be drawn only at a time convenient to and approved in advance by the appointing authority; provided, however, that personal leave allowed for religious observance shall be granted on the days and hours required, insofar as the same may be granted at such time without interference with the proper conduct of governmental functions.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 21.6