§ A367-20. Leaves of absence.

A. 

A leave of absence without pay, not to exceed one year, may be granted to any employee by an appointing officer. Notice of such leave of absence shall be given to the Commission. Where a leave of absence without pay has been granted for a period which aggregates one year, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for three months immediately preceding the subsequent leave of absence. Notice of such subsequent leave of absence shall also be given to the Commission. Absence on leave for more than one year shall be deemed the equivalent of a resignation from the service upon the date of commencement of such absence, except as provided in Subsection B of this rule.

B. 

In an exceptional case, the Commission may, for good cause shown, waive the provisions of this rule to permit an extension of the leave of absence for an additional one-year period. In no case may such leave of absence exceed in aggregate two years from the date of commencement of the leave.

C. 

A leave of absence without pay, not to exceed four years, shall be granted by an appointing officer to an employee who is a veteran of the Armed Forces of the United States, provided that such a leave of absence is for the purpose of taking courses under the educational benefits provided for in Title 38, United States Code, or under a New York State Board of Regents War Service Scholarship, Education Law, § 614. An employee taking such a leave shall be reinstated to his position, provided that he makes application for such reinstatement within 60 days after the termination of his courses of study.

D. 

Whenever an employee is to be terminated under § 73 of the Civil Service Law following leave of absence occasioned by ordinary disability or under § 71 following exhaustion or termination of workers' compensation leave, he/she must be afforded an opportunity for a hearing to contest the decision before such termination is to take effect.

[Added 3-6-1991]