There are several types of leave that may be used in conjunction with a potential or certified New York State Disability:
The rest of this document discusses each type of leave in relation to New York State Disability benefits. For an in-depth discussion of the Research Foundation (RF) policy on leave accrual, use, and administration, refer to the "Time and Attendance" procedure group in the Employees: Personnel Administration area.
Sick leave accruals must be charged from the first day of the certified disability until the accruals are exhausted (and may be used for the entire 26 weeks). The employee remains on the Research Foundation payroll until all sick leave accruals are exhausted, or through his or her current period of appointment, whichever comes first.
Operating locations must submit a Notice and Proof of Claim for Disability form (DB-450) within 45 days of the beginning of the disability, regardless of whether or not the employee has exhausted his or her sick leave. However, operating locations are not required to submit a claim form for an employee who has enough sick leave accrual to cover a disability lasting 2 weeks or less (although they may choose to do so).
Refer to the procedure and guidance document "Short-Term Disability Claims Process" for more information on the claim form. Common Workers Compensation Board (WCB) forms are available on the their Website.
Funding Sick Leave Over 30 Days
Salary and wages paid for sick leave exceeding 30 consecutive calendar-days are funded from the fringe benefit sick leave pool account. Since holidays are not charged as sick leave, they are not funded from the fringe benefit sick leave pool account; however, they do count toward the 30 calendar days. Reimbursements from the sick leave pool account to the grant are processed in Oracle. Campus locations should charge payments to fund sick leave over 30 days to the campus GL withholding award by processing a Distribution Adjustment using the SWM Sick Leave expenditure type. Refer to the procedure "Corporate GL Withholding Awards" and the work instruction "Define Distribution Adjustments."
Vacation accruals and personal and holiday leave may be used during the seven calendar-day benefit waiting period provided that the employee has no sick leave accruals.
If an employee becomes eligible for New York State Disability benefits and/or Voluntary Short Term Disability (VSTD) benefits, vacation accruals and personal and holiday leave may also be used to supplement the partial disability income payments, up to an amount equal to his or her usual salary. Refer to "Leave of Absence: Disability" for more information.
If a person is out under NYS Disability and is eligible for leave under FMLA, then all or some of the time spent on disability must also be counted concurrently as leave under FMLA.
The maximum amount of time that must be counted concurrently is equal to the amount of leave the employee is entitled to under FMLA — that is, 12 weeks unless the employee has already taken some leave under FMLA during the previous 12-month period. If the employee has already taken some leave under FMLA, then the maximum amount of time that must be counted concurrently is equal to the remaining amount of leave to which the employee is entitled under FMLA.
If a person taking leave under such circumstances returns to work before or immediately after the person has used all the leave to which he or she is entitled under FMLA, the person must be reinstated under the terms of FMLA. If the person continues on disability beyond that time period, the reinstatement requirements related to NYS disability must be followed.
For more information, refer to the FMLA procedure and guidance documents. These documents can be found in the Leave Administration section of the Personnel Administration business area on the RF Web site.
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