Common use of TIME AND LEAVE Clause in Contracts

TIME AND LEAVE. Section 1. This section on Time and Leave shall not circumscribe the authority of the University, College, or Center to issue new interpretations subsequent to the effective date of this Agreement and not inconsistent with this Agreement. Such new interpretations shall be subject to the grievance and arbitration provisions of this Agreement. (a) Employee requests for annual leave made pursuant to Center or College policy or collective bargaining agreement, shall be made in writing on a form supplied by the Center. Approval or disapproval of the request shall be made on the same form by a supervisor authorized to do so by the Center. Decisions on request for annual leave or for leave with pay shall be made within seven (7) working days of submission except for requests which cannot be approved at the local level, or requests for leave during the summer peak vacation period or other such periods for which the Center or University has established and promulgated a schedule for submission and decision of leave requests. Once a leave request has been approved, the approval may not be rescinded except in writing by a Center Director. If a Director calls upon an employee to forego the employee’s approved annual leave or any part thereof in any year, it must be in writing and that portion shall be carried over until such time as it can be liquidated. Such action must be taken by a Director personally and may not be delegated. (b) Where an employee has an entitlement to accrued annual leave and/or compensatory time, and the Center’s fiscal condition requires that employees who are terminated, laid off or who choose to resign or retire in lieu of layoff, be removed from the payroll on or before a specific date, the Center shall provide the monetary value of accumulated and unused annual leave and/or compensatory time allowances standing to the employee’s credit in a lump sum. (c) Annual leave allowance for employees hired on or after July 1, 1985 shall accrue as follows:

TIME AND LEAVE. Section 1. This section on Time and Leave shall not circumscribe the authority of the University, College, or Center to issue new interpretations subsequent to the effective date of this Agreement and not inconsistent with this Agreement. Such new interpretations shall be subject to the grievance and arbitration provisions of this Agreement. (a) Employee requests for annual leave made pursuant to Center or College policy or collective bargaining agreement, shall be made in writing on a form supplied by the Center. Approval or disapproval of the request shall be made on the same form by a supervisor authorized to do so by the Center. Decisions on request for annual leave or for leave with pay shall be made within seven (7) working days of submission except for requests which cannot be approved at the local level, or requests for leave during the summer peak vacation period or other such periods for which the Center or University has established and promulgated a schedule for submission and decision of leave requests. Once a leave request has been approved, the approval may not be rescinded except in writing by a Center Director. If a Director calls upon an employee to forego the employee’s approved annual leave or any part thereof in any year, it must be in writing and that portion shall be carried over until such time as it can be liquidated. Such action must be taken by a Director personally and may not be delegated. (b) Where an employee has an entitlement to accrued annual leave and/or compensatory time, and the Center’s fiscal condition requires that employees who are terminated, laid off or who choose to resign or retire in lieu of layoff, be removed from the payroll on or before a specific date, the Center shall provide the monetary value of accumulated and unused annual leave and/or compensatory time allowances standing to the employee’s credit in a lump sum. (c) Annual leave allowance for employees hired on or after July 1, 1985 shall accrue as follows: (i) Full-time employees Annual Leave Years In Service Allowance Monthly Accrual At the beginning of the 10 work days 1 day per month after the first 2 employee’s 1st year months At the beginning of the 13 work days 1 day per month plus 1 additional employee’s 2nd year day at the end of the 2nd year At the beginning of the 13 work days 1 day per month plus 1 additional employee’s 3rd year day at the end of the 3rd year At the beginning of the 15 work days 1-1/4 days per month employee’s 4th year At the beginning of the 20 work days 1-2/3 days per month employee’s 5th year At the beginning of the 25 work days 2 days per month plus1 additional employee’s 8th year day at the end of the leave year (2.083 days per month) At the beginning of the 27 work days 2-1/4 days per month employee’s15th year (ii) The annual leave allowance and accrual for employees hired on or after July 1, 1985, who work other than a regular scheduled standard work week consisting of five (5) seven (7) or eight (8) hour days, shall be pro-rated in accordance with the schedule in Subsection (c)(i) above. (iii) The annual leave allowance for part-time per annum, hourly, per diem, per session, and seasonal employees hired on or after July 1, 1985, who work at least one half the regular hours of full-time employees in the same title, shall accrue as follows: Years in Service Accrual At the beginning of the employee’s 1st year 1 hour for 22 hours worked At the beginning of the employee’s 2nd year 1 hour for 17 hours worked At the beginning of the employee’s 3rd year 1 hour for 17 hours worked At the beginning of the employee’s 4th year 1 hour for 15 hours worked At the beginning of the employee’s 5th year 1 hour for 11 hours worked (iv) Where no full-time equivalent title exists, then the minimum number of hours required in order to receive leave credits pursuant to Subsection (c) (iii) above, shall be based on the nature of employment as follows: Clerical and related (White Collar Employment): 17-1/2 hours per week Custodial, or driving (Blue Collar Employment): 20 hours per week Section 3. Approved sick leave and annual leave may be used in units of one (1) hour. Any employee who has completed four (4) months of service may be permitted to take approved annual leave as it accrues. Approved sick leave may be used as it accrues. Section 4. By June 1st of each year all employees shall be given an annual statement of all leave balances as of a date within the previous 90 days (sick leave, annual leave, compensatory time). This Section 4 shall apply to part-time employees including EOC Assistants. (a) Sick leave shall be used only for personal illness of the employee. Approval of sick leave in accordance with “Leave Regulations” is discretionary with the Center or the College and proof of disability must be provided by the employee, satisfactory to the Center or the College. (b) The provisions of paragraph (a) above notwithstanding, the Center or the College may waive the requirement for proof of the disability unless: 1. an employee requests sick leave for more than three (3) consecutive work days; or 2. an employee uses undocumented sick leave for more than five (5) times in a six (6) month “sick leave period.” Employees hired during a “sick leave period” shall be subject to the terms of this Subsection commencing with the next complete “sick leave period”; or 3 an employee uses undocumented sick leave more than four (4) times in a “sick leave period” on a day immediately preceding or following a holiday or a scheduled day off. Employees hired during a “sick leave period” shall be subject to the terms of this Subsection commencing with the next complete “sick leave period.” (c) For the purposes of (b)1, (b)2, and (b)3 above, the calendar year shall be divided into two (2), six (6) month “sick leave periods.” They shall be: (1) January 1 to June 30 inclusive; and (2) July 1 to December 31, inclusive. An employee who exceeds the allowable number of undocumented absences in any “sick leave period” pursuant to paragraphs (b)1, (b)2, and (b)3.above shall thereafter, commencing with the next “sick leave period,” be required to submit medical documentation, satisfactory to the Center Director or the President’s designee before further sick leave may be approved. The requirement for such documentation shall continue in effect until the employee has worked a complete “sick leave period” without being on sick leave more than two (2) times. (d) For the purposes of this section “one time” shall mean the consecutive use of one-half (1/2) or more work days for sick leave. Sick leave taken in units of less than one-half (½) work day shall be counted as “one time” on sick leave when the cumulative total of such sick leave amounts to one-half (½) day. (e) The provisions of paragraph (b) above notwithstanding, the Center or the College shall have the discretion to waive the medical documentation required pursuant to paragraphs (b)1, (b)2, (b)3 and (c) for employees who have completed their third year of employment and thereafter have a current sick leave balance commensurate with the number of years of employment as follows: For Full-Time Employees Years of Service Sick Leave Balance For EOC Assistants Years of Service Sick Leave Balance (f) Any employee who anticipates a series of three (3) or more medical appointments, which will require a repeated use of sick leave in units of one day or less, shall submit medical documentation indicating the nature of the condition and the anticipated schedule of treatment. Sick leave taken pursuant to said schedule of treatment shall be deemed documented. An EOC Assistant shall demonstrate that the medical appointments cannot be scheduled at the time other than when the EOC Assistant is scheduled to work. (g) The medical documentation required by this section shall be from a medical health care practitioner licensed by the State in which he or she practices to diagnose and certify illness or disability. When an employee has been recommended for relief from duty by a medical practitioner acting in behalf of a Center or the College, the time granted shall be considered documented sick leave for the day of the relief from duty only, unless otherwise specified by the Center’s or College’s medical health care practitioner. Section 6. The number of sick leave allowance days permitted to accumulate shall be unlimited. Section 7. An employee’s annual leave shall be changed to sick leave during a period of verified hospitalization. When an employee is seriously disabled but not hospitalized while on annual leave, after the employee submits proof of such disability which is satisfactory to the Center Director or his or her designee, such leave time may be charged to sick leave and not to annual leave at the employee’s option. This section shall apply to EOC Assistants. Section 8. Upon the determination by a Center Director that an employee has been physically disabled because of an assault arising out of and in the course of the employee’s employment, the Center Director will grant the injured employee a leave of absence with pay not to exceed eighteen (18) months. Such leave shall be granted only if: 1) The Workers Compensation Division of the New York City Law Department, or other University agent for Worker’s Compensation advises the Center in writing that the employee’s injury has been accepted by the Division as compensable under such law, or 2) If such injury is not accepted by the Division as compensable under such law unless the Worker’s Compensation Board determines that such injury is compensable under such law. If an employee is granted a leave of absence with pay pursuant to this Section, the employee shall receive the difference between the employee’s weekly salary and the employee’s Worker’s Compensation rate without charge against annual leave or sick leave. The employee, as a condition of receiving benefits under this Section, shall execute an assignment of the proceeds of any judgment or settlement in any third party action arising from such injury, in the amount of the pay received pursuant to this Section and medical disbursements, if any, made by the Center, the College, or the University, but not to exceed the amount of such proceeds. Such assignments shall be made in the form prescribed by the New York City Law Department. The injured employee shall undergo such medical examinations as are requested by the Worker’s Compensation Division of the New York City Law Department or by the Center, and when found fit for duty by the New York City Worker’s Compensation Board shall return to the Center’s employ. No benefits shall be paid while an employee is suspended pending disciplinary action, or if an employee is subsequently found culpable of having commenced the assault or unnecessarily continuing the assault. Benefits provided under this Section shall be in addition to, but not concurrent with, the benefits provided under the Center provisions which correspond to Section 7.0 and 7.1 of the New York City Career and Salary Plan Leave Regulations. Section 9. For employees who do not come under the provisions of Section 8 of this Article but who are injured in the course of employment, upon determination by a Center Director that an employee has been physically disabled because of any injury arising out of and in the course of the employee’s employment, through no fault of the employee, the Center Director will grant the injured employee an extended sick leave with pay not to exceed three (3) months after all the employee’s sick leave and annual leave balances have been exhausted. This additional leave must be taken immediately following the exhaustion of such balances. No such leave with pay shall be granted unless the Worker’s Compensation Division of the New York City Law Department advises the Center Director or the College in writing that the employee’s injury has been accepted by the Division as compensable under the Worker’s Compensation Law, or if such injury is not accepted by the Division as compensable under such law, unless the Worker’s Compensation Board determines that such injury is compensable under such law. If an employee is granted extended sick leave with pay pursuant to this Section, the employee shall receive the difference between the employee’s weekly salary and the employee’s Worker’s Compensation rate for the period of time granted. The employee, as a condition of receiving benefits under this Section, shall execute an assignment of the proceeds of any judgment of settlement in any third party action arising from such injury, in the amount of the pay and medical disbursements received pursuant to this Section, but not to exceed the amount of such proceeds. Such assignment shall be in the form prescribed by the New York City Corporation Counsel. The injured employee shall undergo such medical examinations as are requested by the Worker’s Compensation Division of the New York City Law Department or by the Center, and when found fit for duty by the Worker’s Compensation Board shall return to employment. Benefits provided under this Section shall be in addition to, but not concurrent with, the benefits provided under the Center provisions which corresponds to Sections 7.0 and 7.1 of the New York City Career and Salary Plan Leave Regulations. Section 10. The Centers and the University shall make every reasonable effort to require of their agent for Worker’s Compensation matters that any employee who has filed a Worker’s Compensation claim shall be notified within 45 days of the agent’s receipt of such claim, as to whether the claim has been approved or disapproved by the agent. Section 11. If an employee dies while in the Center’s employ, the employee’s beneficiary or if no beneficiary is designated, then the employee’s estate, shall receive payment in cash for the following: (a) all unused accrued annual leave to a maximum of fifty-four (54) days credit, (b) all unused accrued compensatory time earned verified by official Center records, to a maximum of two hundred (200) hours. Section 12. If while in covered employment under the terms of this Agreement an employee dies, the Center shall notify the beneficiary designated by the employee in the personnel folder as to what benefits may be available for the employee as to where claims may be initiated for such benefits. The Center shall promptly notify the appropriate retirement system and request it communicate with the beneficiary designated in the system’s records.

TIME AND LEAVE. Section 1. This section on Time and Leave shall not circumscribe the authority of the University, College, or Center to issue new interpretations subsequent to the effective date of this Agreement and not inconsistent with this Agreement. Such new interpretations shall be subject to the grievance and arbitration provisions of this Agreement. (a) Employee requests for annual leave made pursuant to Center or College policy or collective bargaining agreement, shall be made in writing on a form supplied by the Center. Approval or disapproval of the request shall be made on the same form by a supervisor authorized to do so by the Center. Decisions on request for annual leave or for leave with pay shall be made within seven (7) working days of submission except for requests which cannot be approved at the local level, or requests for leave during the summer peak vacation period or other such periods for which the Center or University has established and promulgated a schedule for submission and decision of leave requests. Once a leave request has been approved, the approval may not be rescinded except in writing by a Center Director. If a Director calls upon an employee to forego the employee’s approved annual leave or any part thereof in any year, it must be in writing and that portion shall be carried over until such time as it can be liquidated. Such action must be taken by a Director personally and may not be delegated. (b) Where an employee has an entitlement to accrued annual leave and/or compensatory time, and the Center’s fiscal condition requires that employees who are terminated, laid off or who choose to resign or retire in lieu of layoff, be removed from the payroll on or before a specific date, the Center shall provide the monetary value of accumulated and unused annual leave and/or compensatory time allowances standing to the employee’s credit in a lump sum. (c) Annual leave allowance for employees hired on or after July 1, 1985 shall accrue as follows: (i) Full-time employees (ii) The annual leave allowance and accrual for employees hired on or after July 1, 1985, who work other than a regular scheduled standard work week consisting of five (5) seven (7) or eight (8) hour days, shall be pro-rated in accordance with the schedule in Subsection (c)(i) above. (iii) The annual leave allowance for part-time per annum, hourly, per diem, per session, and seasonal employees hired on or after July 1, 1985, who work at least one half the regular hours of full-time employees in the same title, shall accrue as follows:

TIME AND LEAVE. Section 1. This section on Time and Leave shall not circumscribe the authority of the University, College, or Center to issue new interpretations subsequent to the effective date of this Agreement and not inconsistent with this Agreement. Such new interpretations shall be subject to the grievance and arbitration provisions of this Agreement. (a) Employee requests for annual leave made pursuant to Center or College policy or collective bargaining agreement, shall be made in writing on a form supplied by the Center. Approval or disapproval of the request shall be made on the same form by a supervisor authorized to do so by the Center. Decisions on request for annual leave or for leave with pay shall be made within seven (7) working days of submission except for requests which cannot be approved at the local level, or requests for leave during the summer peak vacation period or other such periods for which the Center or University has established and promulgated a schedule for submission and decision of leave requests. Once a leave request has been approved, the approval may not be rescinded except in writing by a Center Director. If a Director calls upon an employee to forego the employee’s approved annual leave or any part thereof in any year, it must be in writing and that portion shall be carried over until such time as it can be liquidated. Such action must be taken by a Director personally and may not be delegated. (b) Where an employee has an entitlement to accrued annual leave and/or compensatory time, and the Center’s fiscal condition requires that employees who are terminated, laid off or who choose to resign or retire in lieu of layoff, be removed from the payroll on or before a specific date, the Center shall provide the monetary value of accumulated and unused annual leave and/or compensatory time allowances standing to the employee’s credit in a lump sum. (c) Annual leave allowance for employees hired on or after July 1, 1985 shall accrue as follows: (i) Full-time employees