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 inexcess 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.