N.Y. Rapid Transit Law § 16-a: Sick leave

§ 16-a. Sick leave. 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.