CSEA/UCS 2011-2017 Tentative Agreement account and, therefore, cannot participate in Direct Deposit shall be required to sign the agreed upon acknowledgment form. (b) In no event shall any employee hired after the execution of this Agreement receive a split paycheck. Office of Court Administration Tentative Agreement special edition ARTICLE 9 Time and Leave §9.3(e) Sick Leave (e)The Clerk of the Court of Appeals, the Presiding Justice of an Appellate Division, the Presiding Judge of the Court of Claims, the District Administrative Judge or an appropriate local Judge may require any employee who has been absent because of personal illness, prior to and as a condition of his/ her return to duty, to be examined, at the expense of the State by a physician designated by the Clerk of the Court of Appeals, the Presiding Justice of an Appellate Division, the Presiding Judge of the Court of Claims, the District Administrative Judge or an appropriate local Judge, to establish that he/she is not disabled from the performance of his/her normal duties and that his/her return to duty will not jeopardize the health of other employees. The State will notify the Union of the name of the physician chosen and if the Union elects, it may recommend an alternate physician. The Clerk of the Court of Appeals, the Claims, the District Administrative Judge or an appropriate local Judge before final designation of the physician, will consider the recommendation of the Union. (e)The Clerk of the Court of Appeals, the Presiding Justice of an Appellate Division, the Chief Administrative Judge, the Presiding Judge of the Court of Claims, the District Administrative Judge or an appropriate local Judge may require any employee who has been absent because of personal illness, as a condition of his/her return to duty, to submit the Health Care Provider Certification for Employee’s Return to Work form, and any other forms currently in use (Estimated Capabilities Form and Duties Assessment form for Court Officers) prior to the Employee’s return to work to establish that the employee is not disabled from the performance of the employee’s normal duties and that the employee’s return to duty will not jeopardize the health of other employees. If the medical reports provided by the employee are deemed insufficient, the employee will be notified within five work days and asked to provide additional medical. If the employee does not provide additional medical or the medical provided is deemed insufficient, the Clerk of the Court of Appeals, the Presiding Justice of an Appellate Division, the Chief Administrative Judge, or the appropriate Deputy Chief Administrative Judge, will make a determination within five work days from the date of receipt of the additional medical as to whether the employee will be examined, at the expense of the State, by a physician designated by the State, to establish if the employee is able to perform his/ her normal duties and if the employee’s return to duty will not jeopardize the health of other employees. The examination shall be scheduled within twenty work days after a determination is made by the Clerk of the Court of Appeals, the Presiding Justice of an Appellate Division, the Chief Administrative Judge, or the appropriate Deputy Chief Administrative Judge to send the employee to be examined by a State physician. If it is determined that the employee needs to be examined by a specialist including a psychiatrist, this examination shall be scheduled within twenty work days from the date the employee is examined by the State physician. A failure by the State to meet the time frames provided in this Section shall not be deemed as authorizing an employee to return to work. §9.4 Workers’ Compensation Benefit (II) Uniformed Personnel Injured In The Line of Duty. (a) A uniformed employee necessarily absent from work because of an occupational injury or disease as defined under the Workers’ Compensation Law, and incurred in the line of duty, shall be granted leave from his/her position for the period of absence necessitated by such injury in accordance with the provision of this section. For purposes of this section a line of duty injury shall include any injury incurred through an assault to the employee, any injury suffered by the employee while guarding a prisoner, including, but not limited to, an injury suffered by the employee while transporting a prisoner, any injury incurred while in the pursuit of a criminal, any injury incurred in the course of training, including but not limited to firearms training, training at the Court Officers Academy or in the course of other training, practice at the firing range and kubiton training, and any injury incurred while coming to the aid of an employee or member of the public or in response to an emergency, or an occupational disease rising out of contact with a defendant. An employee requesting leave under this section must submit a request for such leave benefit to the Deputy Director for Labor Relations on forms to be established. Such request must be submitted within 25 workdays of the occurrence of the injury or, the first day of absence due to the injury, whichever is later. The Deputy Director for Labor Relations shall waive the time limitation on filing such request where he/ she determines that a medical condition existed which prevented the employee from complying with such time limitations. (a) A uniformed employee necessarily absent from work because of an occupational injury or disease as defined under the Workers’ Compensation Law, and incurred in the line of duty, shall be granted leave from his/her position for the period of absence necessitated by such injury in accordance with the provision of this section. For purposes of this section a line of duty injury shall include any injury caused by an accident while driving a motor vehicle in the course of providing judicial protection, while providing courier service or while making bank deposits, any injury incurred through an assault to the employee, any injury suffered by the employee while guarding a prisoner, including, but not limited to, an injury suffered by the employee while transporting a prisoner, any injury incurred while in the pursuit of a criminal, any injury incurred in the course of training, including but not limited to firearms training, training at the Court Officers Academy or in the course of other training, practice at the firing range and OC, baton training, and any injury incurred while coming to the aid of an employee or member of the public or in response to an emergency, or an occupational disease rising out of contact with a defendant. Notwithstanding the above, a line of duty injury shall not include injuries incurred by a New York State Court Officer-Trainee in the Court Officers Academy for recruit training unless the injury is the result of a firearms discharge at firearms training or as a result of defensive tactics training. §9.5 Other Leaves With Pay. (i)Blood Donations. Subject to the reasonable operating needs of the court or court-related agency, an employee shall be allowed three and one-half hours leave with pay for blood donations made during an employee’s normal working hours. Such leave only shall be used on the day such donation is made and shall include all time spent making such donation (including travel time to and from the collection point). In the event that an employee donates blood during working hours pursuant to a court-sponsored blood drive and is required to return to work immediately following such donation and the employee is not allowed the full three and one-half hours to make such donation, he/she shall be granted three and one-half hours of compensatory time. This provision shall not apply to an employee who receives a fee for such donation. (m) Grand Jury Leave. (1) Peace officers who use deadly physical force pursuant to their official duties as a peace officer and who may become a subject of a Grand Jury review shall be granted leave for a period not to exceed six months while the incident is reviewed by the Grand Jury. Grand Jury Leave will run concurrently with the Grand Jury review. Once the Grand Jury review concludes, the peace officer’s leave shall end and the peace office shall return to work, unless another leave is granted. (2) While on a leave pursuant to this subsection a peace officer will receive the same benefits provided to employees on other leaves with pay except a court officer shall not accrue Pre-tour prep time pursuant to Section 21.8(a). (3) Except as provided in Subsection 2 above, employees shall receive all the same benefits as they would on any other paid leave. §9.16 Layoff Workforce Reduction. (1) In the event of a layoff workforce reduction, permanent employees in the competitive, non-competitive and labor class shall be laid off as specified in Section 25.30 of the Rules of the Chief Judge and Chief Administrative Judge. In the event of a workforce reduction, employees impacted will be provided with no less than 30 calendar days written notice prior to the effective date. (2)Employees in the noncompetitive confidential class, who are impacted by a workforce reduction, will be provided with no less than 30 calendar days written notice prior to the effective date. §10.9 Compensatory Time Off. Eligible employees shall have the option to receive either cash compensation at a straight-time rate or compensatory time off on an hour-for-hour basis for overtime worked in excess of 35 hours but not in excess of 40 hours in a workweek. Prior to October 1, 1988, eligible employees shall elect, in writing, on forms to be provided by the State, cash compensation or compensatory time off for suchovertime work. New employees shall make an initial election at the commencement of service in an eligible title. Thereafter, employees shall be allowed to modify such election prior to the start of each new calendar quarter. Such modification shall be effective following the first day of the new calendar quarter. An employee who fails to file such election on a timely basis shall be compensated on a cash basis. The compensatory time option for hours worked between 35 and 40 hours shall end on March 31, 2017. ARTICLE 12 Disciplinary Procedures §12.9 A Labor/Management Committee shall be established to discuss the Disciplinary Procedures contained in the Agreement. This Committee shall be composed of representatives from the State and the Union and will include specific representatives from the OCA office and Departments responsible for the processing of discipline. The committee shall discuss and make recommendations regarding modifications (if any) to the disciplinary procedures to the Deputy Chief Administrative Judge (Courts Within and Outside New York City) by January 1, 2005. §12.9 Time and Leave Umpire-Disciplinary Process. (1)A Labor/Management Committee shall be established to create a pilot time and leave disciplinary umpire process to address employee attendance issues which uses an independent time and leave umpire. (2)The pilot will be applicable to employees assigned to the trial courts outside of New York City. (3)The Labor/Management Committee shall include representatives from the Deputy Chief Administrative Judge’s (Courts Outside New York City) Office, Counsel’s
UCS FINAL
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