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This entry was published on 2014-09-22
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SECTION 16-A
Sick leave
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 2
§ 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.