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contest the time and attendance notice of discipline served within one year

         preceding the request for sick leave at half pay. It does not include notices

         of discipline  regarding  issues other than  time and attendance  or those
         dismissed by an arbitrator or umpire or withdrawn by the appointing

         authority.
            (5) Satisfactory medical documentation shall be furnished and continue

         to be periodically furnished at the request of the appointing authority; in
         the absence of satisfactory medical documentation,  the appointing

         authority may require an employee to be examined by a physician selected
         by the State at its expense; and

            (6)(a) Such leave shall not extend a period of appointment or employment
         beyond such date as it would otherwise have terminated pursuant to law or

         have expired upon completion of a specified period of service.
            (b) Nothing contained herein shall supersede  the continuous absence

         provisions of the Civil Service Law, Rules and Regulations.
         §10.16 Less Than Full-Time Employees

            (a)  Part-time employees  covered by the New York State Attendance
         Rules who are compensated  on an annual salary basis (including those

         designated as seasonal) and who are employed on a fixed schedule of at
         least half-time shall be eligible to earn and accumulate vacation and sick

         leave, and be granted personal leave on a prorated basis based on their
         payroll percentage. Part-time annual salaried employees scheduled to work

         additional hours beyond their payroll percentage shall be eligible to earn
         and accumulate additional vacation and sick  leave and be granted

         additional personal leave in accordance with the terms of Appendix XIII,

         Leave Adjustment Program for Part-Time Annual Salaried Employees.
            (b) Employees covered by the New York State Attendance Rules who are
         compensated on a per diem or hourly basis (including those designated as

         seasonal) and who are employed on a fixed schedule of at least half-time

         continuously for nine (9) months, without a break in service exceeding one
         full payroll period, shall be eligible for vacation, sick leave and personal
         leave benefits on a prorated basis.

            (c) Employees compensated on a per diem or hourly basis (including

         those designated as seasonal), who are employed at least half time and who
         are expected by the appointing authority to be so employed continuously

         for nine  months, without  a break in service exceeding one full  payroll


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