A variety of leaves are available to eligible employees. Please follow the procedures outlined below and contact Human Resource Management with any questions prior to initiating any paperwork.
Legislation enacted in August 2022 (Chapter 530 Laws of 2022) establishes a new Section 159-d of the Civil Service Law, to authorize up to 4 hours of paid leave for employees to donate blood on an annual basis.
Employees are entitled to a leave of absence with pay for up to 4 hours per calendar year. Please note the leave on your attendance record once it has been approved by your supervisor. This leave can be used intermittently. Any unused leave will expire on the last day of each calendar year.
Employees may use this leave for any covered absence on or after August 17, 2022. Any leave accruals used for the purpose of donating blood prior to issuance of this memo that would have been eligible for paid leave as described herein should be restored to employees as soon as practicable.
Employees who donate blood outside of their regular work schedule, do so on their own time. For example, employees are not granted compensatory time off for blood donations that occur on pass days or holidays.
Eligible employees are entitled to this leave, subject to the approval of the appointing authority. Employees may be required to submit documentation showing that their absence was for the purpose of donating blood. Employees are required to give reasonable notice of the need for such leave.
Whether the leave is used for donation at an off-premises donation site, at the place of employment or both, an employee may only receive a maximum of 4 hours of paid leave under Civil Service Law 159-d and Labor Law 202-j.
Employees may continue to request time off for additional blood donations using appropriate accrued leave.
Per Section 159-b of the Civil Service Law, all employees are allowed to take up to four (4) hours of paid leave annually for the screening of ALL cancers. Cancer screening includes physical exams, blood work or other laboratory tests for the detection of cancer. Reasonable travel time is included in the four-hour cap. Absence beyond the four-hour cap must be charged to leave credits. Employees who undergo screenings outside their regular work schedules do so on their own time. Official medical documentation verifying the screening may be required. These leaves are not cumulative and expire on the last day of the calendar year. Resource: www.cs.ny.gov/attendance_leave/PolBull18-02.cfm
Bone Marrow and/or Organ Donation Leave
Section 202-b of the New York State Labor Law provides that any employee of the State will be allowed up to seven workdays of leave with pay without charge to accruals to undergo a medical procedure to donate bone marrow and up to 30 workdays to serve as an organ donor. Official medical documentation is required. Forms may be obtained from Human Resource Management.
On March 12, 2021, the Governor signed legislation (S.2588-A/A.3354-B) granting public and private employees time off to receive the COVID-19 vaccination. Under this new law, employees will be granted up to four hours of excused leave per injection that will not be charged against any other leave the employee has earned or accrued. This legislation becomes effective immediately.
The SUNY Time and Attendance system has been updated to allow for a COVID Vaccine drop down option in the non-chargeable category.
Use of the vaccination leave should be requested in advance and approved by the supervisor. While up to four hours of leave with pay is available for COVID-19 vaccination leave, not every employee’s situation will require the full four hours’ allotted leave.
For questions about recording the non-chargeable leave on time and attendance records, please contact the Payroll Office, 878-4124 for classified employees (i.e., CSEA), or Carey Seneca, 878-3042 for unclassified (i.e., UUP and MC).
Dr. Nuala McGann Drescher Leave Program
The Dr. Nuala McGann Drescher Affirmative Action/Diversity Leave Program enhances employment opportunities for UUP represented employees who are preparing for permanent or continuing appointments, with preference given to minorities, women, employees with disabilities, or an employee with military status. The types of support available include: payment of employee’s regular salary by the campus; salary for a replacement, and other related expenses for research or study with a justification.
Full-time, term employees in a position eligible for permanent or continuing appointment who have had at least one term-renewal or prior service credit may apply for this leave. Details about eligibility requirements and the application procedure can be found on the Office of Employee Relations website along with program guidelines and the application.
Applications for leaves for the fall semester 20XX must be submitted to the Joint Labor Management Committee (see guidelines) by April 15, 20XX. Such applications must be accompanied by various documents, including letters of endorsement from the campus (your respective Provost/Vice President) and the Dean (for academic employees). Such endorsement must indicate the campus’s financial contribution of a minimum of 40% of the cost of salary for a replacement for the duration of the leave and a minimum of 40% of the total project or activity expenses.
To allow time for securing the required documentation, Buffalo State applicants should follow these procedures:
Employee contacts Office of Dean or Associate Vice President for leave approval and commitments to pay 40% of salary replacement costs and OTPS.
Employee completes Drescher Leave application online, including budget summary.
Employee obtains letter of financial support from the Dean or Associate Vice President and forwards to the Provost/Vice President with the application. The application should be sent to the respective Provost/Vice President no later than March 22, 20XX, to allow time for review of application and preparation of support materials.
Provost/Vice President prepares letter of support to the Joint Labor Management Committee (JLMC).
Employee submits completed application to JLMC by the April 15, 20XX, deadline.
Family & Medical Leave (FMLA)
The categories of FMLA are as follows:
To be eligible for FMLA leave, an employee must have worked at Buffalo State for at least 12 months immediately before the leave request and have worked at least 1250 hours during the 12 months immediately preceding the leave request. The 1250 work hour requirement also applies when an employee is reapplying for FMLA for a new calendar year. If the need for FMLA does not end with the end of a calendar year, the employee must have worked 1250 actual work hours in the prior calendar year to meet eligibility for FMLA coverage for the new calendar year. If eligible, the employee's FMLA entitlement will be for up to 12 weeks in the new calendar year.
FMLA and the NDAA:
The National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181, amends the Family and Medical Leave Act of 1993 to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." The NDAA also permits an employee to take FMLA leave for "any qualifying exigency, arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation."
If you are required to appear for jury duty or are subpoenaed as a witness in court, you shall be granted a leave of absence with pay without charge to leave accruals. If you are a party to a court proceeding, you will have to charge accruals other than sick for all such absences. Prior to attending jury duty, notify your supervisor and provide him/her with a copy of your orders from the court. Once you attend jury duty, the court will provide you with another document verifying your service. Provide this document to your supervisor or Human Resource Management.
Leave Donation Program
The leave donation program was established to reduce financial hardship that might be endured by an employee who has exhausted all leave accruals during a personal extended medical leave of absence. Vacation accruals are the only leave credits that may be used for this purpose. The program is not intended to provide supplemental income that would result in wages greater than the employee's regular pay.
The program is open to all Buffalo State University employees. Any eligible employee at Buffalo State may donate accruals to a coworker in a different bargaining unit at Buffalo State or another SUNY campus.
In order to donate vacation credits, an employee must meet the following criteria: must have a minimum balance of ten (10) days after making the donation AND must be employed at a SUNY campus.
The 10-day minimum is based on the donor's work schedule. For example, a 40 hour a week employee must have 80 hours of vacation remaining after a donation, a 50% 37½ hour a week part-time employee must have 37½ hours remaining, and so forth.
Regardless of the donor's work schedule, donations must be made in full day (7.5 or 8 hour) units. Where the donor and recipient's workweeks are different (37½ vs. 40), donated days will be converted.
Excess vacation credits that would otherwise be lost by rule, law, or regulation may not be donated. The identity of donors will be kept confidential by the university.
Eligibility for Recipients of Donated Leave
In order to receive donated leave credits, a classified employee must meet the following criteria:
The asterisked (*) items above also apply to UUP represented employees.
There is no maximum number of days that a recipient employee may accept, however, donated credits cannot be used to extend employment beyond the point it would otherwise end by operation of law, rule, or regulation. A recipient's continuing eligibility to participate in this program will be reviewed at least every 30 days.
Use of Donated Credits
At the recipient's request, donated credits may be used upon exhaustion of leave accruals and/or sick leave at half pay. Donated credits applied after leave accruals have been exhausted but before sick leave at half pay, must be used after exhaustion of sick leave at half pay, they may be used in full or half day increments at the employee's option based on their work schedule. (Using donated credits in half-day units has the effect of extending one's half pay eligibility.)
An employee using donated credits is considered to be in a leave without pay status. However, deductions for health insurance premiums, retirement contributions, etc., will continue to be withheld as long as the amount of the paycheck is large enough. Also, employees continue to accrue retirement service credit while using donated leave.
Donations may be solicited by the recipient employee, coworkers of the recipient, or by local union representatives where applicable. Neither managers nor Human Resource Management staff may solicit donations on an employee's behalf.
Processing of Donated Credits
Employees who wish to donate vacation accruals to a recipient must complete a Leave Donation Form. Human Resource Management will determine whether the employee to whom credits have been donated is eligible, provided the recipient is employed at Buffalo State. If the recipient is employed at another SUNY campus, the Payroll Office will verify the recipient's status with their facility's payroll office.
When an employee receives donated credits from several donors, one day is deducted from each donor at a time. If the donor's total donation has not been exhausted by the time the recipient returns to work, the unused vacation will be restored to the donor.
Leave Without Pay
Maternity and Child Care (Professional Services Negotiating Unit)
Sick leave may be used only during a period of medical disability. Under this policy, disabilities arising from pregnancy or childbirth are treated the same as other disabilities in terms of eligibility for or entitlement to sick leave. Generally, the period of such disability is deemed to commence approximately four weeks prior to delivery. While doctor's certificates may be required for any period of disability, Human Resource Management must have medical documentation whenever disability is claimed to commence prior to or to extend beyond the period of disability described above.
A Chief Administrative Officer or designee may approve an employee's request for leave without pay during pregnancy and prior to the onset of any medical disability as a matter of discretion. Absences during pregnancy and following childbirth may be charged to vacation, irrespective of whether the employee is disabled. While the use of annual leave prior to the onset of medical disability is discretionary with the Chief Administrative Officer, employees must be permitted to use these accruals during a period of medical disability after sick leave with pay has been exhausted.
Employees, regardless of sex, are entitled to leave without pay for child care for up to seven months following the date of delivery. For purposes of computing the seven month period of mandatory leave, periods during which the employee was absent for "disability" or use of leave credits are included: the mandatory seven month period is not extended by the granting of disability leave or the use of accrued leave. During a period of leave for child care, employees shall be permitted, upon request, to use annual leave before being granted leave without pay. As is the case with other mandatory leaves without pay (e.g.., military leave), the University shall not require that employees exhaust all appropriate leave credits prior to being granted leave without pay for child care. Sick leave may be used only during a period of medical disability. Except in the case of continuing medical disability, any leave of absence beyond the seventh month following childbirth shall be at the discretion of the Chief Administrative Officer. An employee who requests a leave for child care of less than seven months is entitled to have such leave extended, upon request, up to the seventh month maximum and may at the discretion of the Chief Administrative Officer or designee, have such leave extended beyond the seventh month. In certain situations, an employee may not be permitted to return from such leave until the expiration of the period that such employee requested and was granted. Generally, such restrictions on early return are limited to situations where such return would be disruptive of a project or where the termination of a replacement would occur.
During the seven month period following childbirth, the granting of leave for child care is mandatory upon request from either parent. If both parents are State employees, leave for the child care is mandatory for one parent at a time and the parents may elect to split the mandatory seven month leave into two separate blocks of leave with each parent entitled to one continuous period of leave but not to exceed a combined total of seven months of leave and not to extend beyond seven months from the date of delivery. Campuses may, in their discretion, approve other arrangements for shared leave including concurrent leave and may, as a matter of discretion, extend leave for child care beyond the mandatory seven months. Furthermore, while one parent is absent on leave for child care, campuses continue to have the discretion to approve requests from the other parent for periods of vacation, pursuant to Paragraph 23.2(e) of the 1988-91 Agreement between the State of New York and United University Professions.
Temporary and probationary employees without any permanent status are entitled to leave with full pay and/or without pay as described above. However, these employees are not eligible for leave beyond that date when their employment would otherwise terminate. In general, the State's policy on leave for pregnancy, childbirth and child care shall not be construed to require extension of any employment beyond the time it would otherwise terminate.
In cases of legal adoption under Article 7 of the Domestic Relations Law, leave for child-rearing purposes shall be granted where the adoptive child is required to reside with the adoptive parents for at least six months prior to an order of adoption being made. In such cases, leave for child-rearing purposes shall be granted for six months commencing from the date the adoptive child begins actual full-time residence with the adoptive parents. Additional leave for child-rearing purposes may be granted in the discretion of the Chief Administrative Officer; provided, however, child-rearing leave shall not exceed a period of two years cumulatively.
Please review the Request to Stop the Clock toward Continuing or Permanent Appointment for Birth/Adoption/Foster Care Placement of a Child UUP contract provision.
Claim Packets for types of leave:
In addition, there is a UUP contract provision to opt to Request to Stop the Clock toward Continuing or Permanent Appointment for Birth/Adoption/Foster Care Placement of a Child.
Return from Leave
Employees returning from a medical or workers’ compensation leave of absence must follow these procedures:
Sabbatical leaves for professional development may be granted under Article XIII, Title E, of the SUNY Policies of the Board of Trustees for planned travel, study, formal education, research, writing, or other experiences of professional value. The objective of the leave is to increase an employee’s value to the university and thereby improve and enrich its program. Such leave shall not be regarded as a reward for service nor as a vacation or rest period occurring automatically at stated intervals.
Academic employees having continuing appointments and who have completed at least six (6) consecutive years of service within SUNY or if they previously have had a sabbatical leave, have completed at least six consecutive years of service within the university from the date of return from their last sabbatical leave, shall be eligible for sabbatical leave.
Sabbatical leaves may be granted for periods of one year at half salary or for six months at full salary. Eligible employees may, with the prior approval of the President, accept fellowships, grants-in-aid, or earned income to assist in accomplishing the purposes of their leaves. Deadlines for application for sabbatical leave are generally in early November of the preceding academic year; exact dates are available in the Academic Affairs Office. For additional information, see DOPS and the Agreement.
Sick, Maternity or Child Care Leave
Effective 4/1/2020, Chapter 55 of the Laws of 2020 amended the New York Election Law §3-110 which allows employees who are registered to vote in New York, and who do not have sufficient time to vote outside of their working hours, to take up to two (2) hours of paid leave at the beginning or end of their working schedule, as the employer may designate, to vote in any election in New York State, including general elections, special elections called by the Governor, primary elections, town and village elections, but not to school or library elections. Additional time off for employees who are covered by the Attendance Rules should be charged to vacation, overtime compensatory time credits or personal leave, as approved by the employer.
If an employee has four consecutive hours either between the opening of the polls and the beginning of his or her working shift, or between the end of his or her working shift and the closing of the polls, he or she shall be deemed to have sufficient time outside his or her working hours within which to vote. If he or she has less than four consecutive hours he or she may take off so much working time as will, when added to his or her voting time outside his or her working hours enable him or her to vote, but not more than two hours of which shall be without loss of pay, provided that he or she shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.
Employees must provide their supervisors with at least two (2) working days’ notice of the leave request. Whether the leave is to be taken at the beginning or end of the employee’s regularly scheduled work shift is to be determined at the employer’s discretion and based on the operating needs of the department or university. While up to two hours of leave with pay is available for every election, not every employee’s situation will require the full two hours’ allotted leave.
Proof of voter registration or proof that an employee voted is not required.
Once the leave request is approved, employees should record the non-chargeable leave on their attendance record.
In accordance with the SUNY Policies of the Board of Trustees Article XIII, Title F, Sections 1-3 and the UUP Agreement Article 23.7b, the purpose of a Title F leave may be for professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and similar agencies, as a faculty member, an expert, consultant or in a similar capacity or for other appropriate purposes consistent with the needs and interests of the University. Leave of absence without salary may also be granted under appropriate circumstances, for the purpose of child care. Title F leaves are not granted with pay for the purpose of child care.
Academic and Professional Staff are eligible. Leaves may be requested at full salary, reduced salary or without salary. While on leave, vacation leave and sick leave credits shall not be accrued or used during a period of
leave pursuant to provisions of this section.
Sufficient lead time must be given to your department and to the university to consider your proposal. If a leave with pay is requested, please be prepared to offer suggestions to your supervisor regarding how your duties and responsibilities might be covered during your absence. Partnering in this manner is a productive way to discuss the operational needs of the department and offering ideas regarding that coverage will be important.
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