N.Y. EDN Law § 3107

§ 3107. In cities having a population of one million or more,\nemployees of the board of education who are members of the New York city\nteachers' retirement system shall be granted sick leave due to personal\nillness. Such sick leave shall be on the basis of at least ten days for\neach year of service, cumulative to a maximum of two hundred days.\nMembers shall upon application be granted a retirement leave of absence\nwith full pay consisting of one-half of their accumulated unused sick\nleave, up to a maximum of one school term or the equivalent number of\nschool days.\n Members of the New York city teachers' retirement system who are in\nthe employ of the board of higher education and members of the permanent\ninstructional staff of the board of higher education who are members of\nany other retirement system shall be eligible for retirement leave on\nthe same basis as employees of the board of education, except that such\nmembers shall be granted sick leave due to personal illness of twenty\ndays for each year of service cumulative to a maximum of one hundred\nsixty days. Such members shall upon application to the board of higher\neducation be granted a retirement leave with full pay consisting of\none-half of their accumulated unused sick leave, up to a maximum of one\nsemester or the equivalent number of school days.\n Members of any retirement system who are members of the permanent\ninstructional staff of any community college in the city of New York\nshall upon application be granted a retirement leave of absence with\nfull pay consisting of one-half of their accumulated unused sick leave,\nup to a maximum of one semester or the equivalent number of school days.\n Days when school is not in session shall not be counted in the\ncalculation of such retirement leaves. When a vacation period intervenes\nbetween the end of a retirement leave and the member's retirement date,\nsuch vacation period shall be deemed a period of active service for all\npurposes including compensation.\n A retirement leave of absence shall be cancelled when a member on such\nleave files an application for immediate retirement or files an\napplication for reinstatement to active service, in which event such\nmember shall be deemed to have forfeited the future right to the number\nof days of retirement leave already taken. In the event that a member on\nretirement leave applies for a sick leave during the period of such\nretirement leave, he shall thereupon become entitled to his total\naccumulated unused sick leave minus the number of school days actually\ntaken as retirement leave, provided however, that such retirement leave,\nexclusive of sick leave, shall not exceed one school term or semester,\nor the equivalent number of school days. However, members of the\ninstructional staff of the board of higher education or of the community\ncolleges of the city of New York who are entitled to retirement leave of\none semester shall not have the right to start a retirement leave during\nthe course of a semester, nor may any member of the instructional staff\nof the board of higher education or of the community colleges of the\ncity of New York on retirement leave have the right to be reinstated to\nactive service during the course of a semester.\n The extent of such leaves shall be included in the number of years of\nallowable service for retirement purposes.\n The duties of members on retirement leave shall be covered in like\nmanner as when members are absent on sick leave.\n Any provision of law inconsistent with this section is hereby deemed\nsuperseded.\n