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    Rules of the Chief Administrative Judge
PART 135. Sick Leave Donation Program
Commercial reuse of the Rules as they appear on this web site is prohibited. The official version of the Rules published in the NYCRR is available on Westlaw.


135.01 Program

Section 135.01 Program.

(a) An employee subject to the provisions of Part 24 of this Title who maintains a sick leave balance in excess of 15 accumulated sick leave days standing to his or her credit may, at his or her option, assign any sick leave credits in excess of the 15 days to annual salaried nonjudicial employees who have exhausted all of their sick leave, annual leave and compensatory time credits. A donor may assign sick leave credits only in full-day seven-hour units.

(b) Assignment of sick leave credits shall be made on forms provided by the Chief Administrator and assigned sick leave credits shall be deducted from the donating employee's sick leave accruals immediately upon submission of the form.

(c) An employee who receives donated sick leave credits pursuant to this program may not be credited with a total of more than 130 days of such sick leave credits and shall not be eligible to apply for benefits pursuant to section 24.4(k)-(l) of this Title until all such donated sick leave credits, and any accrued annual leave and sick leave, are exhausted. An employee shall continue to earn and accrue annual leave and sick leave credits while utilizing assigned credits under this program.

(d) Any donated sick leave credits not used by an employee shall be retained by that employee, except that any such credits remaining at the time of the employee's separation from service shall not be used for any separation or post-separation benefit.

(e) Upon separation from service for reasons other than retirement, and notwithstanding the minimum balance requirements set forth in subdivision (a), an employee may donate all of his or her accrued and unused sick leave credits to any nonjudicial employee eligible to receive such donations. No employee who is removed from service as a result of disciplinary action, or who resigns after charges of incompetency or misconduct have been served against him or her, shall be entitled to donate sick leave credits under this provision.

Historical Note
Sec. filed June 19, 1990; amds. filed: May 7, 1997; Dec. 26, 2000 eff. Dec. 21, 2000.

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