§ 3107. In cities having a population of one million or more,
employees of the board of education who are members of the New York city
teachers' retirement system shall be granted sick leave due to personal
illness. Such sick leave shall be on the basis of at least ten days for
each year of service, cumulative to a maximum of two hundred days.
Members shall upon application be granted a retirement leave of absence
with full pay consisting of one-half of their accumulated unused sick
leave, up to a maximum of one school term or the equivalent number of
school days.
Members of the New York city teachers' retirement system who are in
the employ of the board of higher education and members of the permanent
instructional staff of the board of higher education who are members of
any other retirement system shall be eligible for retirement leave on
the same basis as employees of the board of education, except that such
members shall be granted sick leave due to personal illness of twenty
days for each year of service cumulative to a maximum of one hundred
sixty days. Such members shall upon application to the board of higher
education be granted a retirement leave with full pay consisting of
one-half of their accumulated unused sick leave, up to a maximum of one
semester or the equivalent number of school days.
Members of any retirement system who are members of the permanent
instructional staff of any community college in the city of New York
shall upon application be granted a retirement leave of absence with
full pay consisting of one-half of their accumulated unused sick leave,
up to a maximum of one semester or the equivalent number of school days.
Days when school is not in session shall not be counted in the
calculation of such retirement leaves. When a vacation period intervenes
between the end of a retirement leave and the member's retirement date,
such vacation period shall be deemed a period of active service for all
purposes including compensation.
A retirement leave of absence shall be cancelled when a member on such
leave files an application for immediate retirement or files an
application for reinstatement to active service, in which event such
member shall be deemed to have forfeited the future right to the number
of days of retirement leave already taken. In the event that a member on
retirement leave applies for a sick leave during the period of such
retirement leave, he shall thereupon become entitled to his total
accumulated unused sick leave minus the number of school days actually
taken as retirement leave, provided however, that such retirement leave,
exclusive of sick leave, shall not exceed one school term or semester,
or the equivalent number of school days. However, members of the
instructional staff of the board of higher education or of the community
colleges of the city of New York who are entitled to retirement leave of
one semester shall not have the right to start a retirement leave during
the course of a semester, nor may any member of the instructional staff
of the board of higher education or of the community colleges of the
city of New York on retirement leave have the right to be reinstated to
active service during the course of a semester.
The extent of such leaves shall be included in the number of years of
allowable service for retirement purposes.
The duties of members on retirement leave shall be covered in like
manner as when members are absent on sick leave.
Any provision of law inconsistent with this section is hereby deemed
superseded.