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Attendance & Leave



Attendance (Part 20)

Absence with Pay
(Part 21)

Leaves Without Pay (Part 22)

Drawing of Earned Credits Upon Separation
(Part 23)

Crediting Other Public Service Employment as State Service (Part 24)

Suspension of Rules
(Part 25)

Applicability (Part 26)


A. Civil Service Attendance Rules

B. Calendar of Legal Holidays & Religious Holy Days

C. Alternative Work Schedules

D. Part-Time Employment

E. Seasonal Employment

F. Attendance Rules for Managerial/Confidential Employees

G. Reciprocal Agreements

H. Leave Donation

I. Family & Medical Leave Act



Policy Bulletin No. 1990-02

Section 21.8 Workers' Compensation Leave - August 1, 1990


TO: State Departments and Agencies
FROM: Josephine L. Gambino, Commissioner
SUBJECT: Rule 5.9 of the Rules for the Classified Service and Its Impact on Sections 28.1 and 28-1.8 of the Attendance Rules

The Rules for the Classified Service were recently amended to add new Rule 5.9 which provides for due process in connection with Section 71 of the Civil Service Law. Section 71 (which has not changed) authorizes leave for up to one year in conjunction with occupational injury or disease and termination of employment following one cumulative year of leave, or earlier termination in the event the employee is found to be permanently disabled.

SPMM Policy Bulletin #90-02, dated July 5, 1990, [Since replaced by Policy Bulletin #93-02] describes the operation of Rule 5.9 which applies equally and in the same manner to all covered employees. Both sets of Attendance Rules, Nonmanagerial/Confidential (Non-M/C) and Managerial/Confidential (M/C), had to be amended to make reference to Rule 5.9. The construction of the Managerial/Confidential Rules (adopted in 1981 and modified to add the Workers' Compensation Supplemental Pay Program in 1986) is different from the Nonmanagerial/Confidential Rules. Therefore, the Managerial/Confidential Rule amendments are necessarily somewhat different to accomplish the same results.

The specific changes in the Attendance Rules are as follows:

Non-M/C Rules Section
M/C Rules Section
28-1.8 (a) (2)
28-1.8 (p) (2)
Provides that the appointing authority must notify the employee granted workers' compensation leave in writing as specified in Rule 5.9(b).


Non-M/C Rules Section
M/C Rules Section
Provides that no less than 30 nor more than 60 days prior to anticipated termination date, the employer must provide the employee with written notice as specified in 5.9(c).
Provides that the employee is entitled to make application for restoration to duty from leave in accordance with Rule 5.9 and that employee applications for reinstatement following termination must be processed in accordance with Rule 5.9.
Provides that where an employee has been denied leave or terminated because of a finding of permanent disability and the employee disputes that finding, the employee may apply for continued leave up to a maximum of one year, restoration to duty, or reinstatement to employment in accordance with Rule 5.9.


Non-M/C Rules Section
M/C Rules Section
Provides that employee requests for return to duty from leave shall be processed in accordance with Rule 5.9.

Any questions should be directed to the Employee Relations Section of this Department at (518) 457-2295.