Section 16-A. Sick leave  


Latest version.
  • 1. Subject to the limitations hereinafter set
      forth, the New York city transit authority, successor to  the  board  of
      transportation  of  the  city of New York under title fifteen of article
      seven of the public authorities law and hereinafter referred to  as  the
      authority,  shall  grant  to every employee under its supervision, other
      than a member of the uniformed  force  of  the  New  York  city  transit
      police,  who  shall  have been in its employ for at least one year, sick
      leave with pay on each working day when he is unfit for work on  account
      of  illness,  up  to  a  total, in any one year, of twelve days plus the
      number of days, not exceeding eighty-four, by which the total amount  of
      sick   leave  with  pay  allowed  to  such  employee  by  the  board  of
      transportation and the authority in prior years since the thirtieth  day
      of  April, nineteen hundred forty-one, shall have been less than one day
      per month of employment during such prior years, but in no  event  shall
      the  authority be required to allow any employee sick leave with pay for
      more than a total of ninety-six working days in any one year.  To  every
      employee in its employ less than one year, the authority, subject to the
      limitations  herein  set  forth, shall grant sick leave with pay on each
      working day when such employee is unfit for work on account of  illness,
      up  to  a  total of one day for each calendar month during which, or the
      major part of which, the employee shall have been in  such  employ.  The
      term  "year",  as  used  in  this section, shall mean a period of twelve
      months beginning on the first day of May and  ending  on  the  following
      thirtieth  day  of  April.  For  the purpose of this section an employee
      shall not be deemed  to  have  been  in  the  employ  of  the  board  of
      transportation  or  the  authority  during  a period of leave of absence
      without pay excepting  where  such  leave  of  absence  is  for  ordered
      military  duty.  For any day on which sick leave with pay is required by
      this section to be granted to an employee, the pay  to  be  allowed  him
      shall  be  the  same  as if he had worked in accordance with his regular
      work schedule on that particular day. Sick leave with pay shall not  run
      concurrently with any vacation.
        Notwithstanding   the   foregoing  provisions  of  this  section,  the
      authority shall not be required to pay an employee for the first working
      day in any period of leave of absence for illness unless such  leave  of
      absence shall reach a total of nine or more consecutive working days, in
      which event the employee shall receive pay for the total leave up to the
      allowable limit.
        2.  The  authority may grant to a member of the uniformed force of the
      New York city transit police, who shall have been in its employ  for  at
      least  six  months,  sick  leave with pay at the rate of one-half of his
      rate of pay for the first three working days of illness and full pay  on
      and  after  the  fourth consecutive working day on which he is unfit for
      work on account of illness, until such illness shall have continued  for
      one  year.  If  such  member of the uniformed force of the New York city
      transit police shall become temporarily disabled for performance of duty
      as a natural and proximate result of service as such member, he  may  be
      granted  sick leave with full pay from the date of such disability until
      he recovers therefrom  and  is  restored  to  duty.  In  the  event  the
      authority  determines  not to grant to members of the uniformed force of
      the New York city transit police the sick leave benefits contemplated in
      this  subdivision,  or  having  granted   such   sick   leave   benefits
      discontinues  such  benefits,  then  such  members  shall  be considered
      employees  of  the  transit  authority  subject  to  the  provisions  of
      subdivision  one  of  this  section, notwithstanding the exception as to
      such members set forth in subdivision one hereof.
        3. The authority may adopt rules and regulations within  the  specific
      limitations  of this act to implement this section. No waiting period in
    
      excess of one working day shall be required of any  employee  before  he
      shall  be granted a leave of absence once he shall have become unfit for
      work on account of illness.  The authority may require that an  employee
      submit   satisfactory  medical  evidence  of  illness  and  further  the
      authority may require that an employee submit to physical examination by
      a  physician  employed  by  the  authority,   provided   such   physical
      examination  is without charge or loss of compensation to said employee,
      as a condition of the granting of sick leave with pay. The authority may
      grant sick leave with pay to any employee for a period  of  time  beyond
      that  required  by  this  section  if, after a physical examination by a
      physician employed by the authority, and in the opinion and judgment  of
      such  authority,  the  duties,  position  or  length  of  service of the
      employee, or other circumstances  surrounding  his  employment,  warrant
      such additional sick leave with pay.