N.Y. Comp. Codes R. & Regs. tit. 18 § 729.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 729.13 - Leave of absence

(a) The commission may grant a licensee a leave of absence of up to one year if such licensee will be:

(1) receiving training from the commission to increase vocational skills or to establish other vocational goal;

(2) absent from the vending facility for a period of more than 30 consecutive days due to the licensee's illness. Written certification by a physician of such illness and necessity of absence must be provided to the commission before the granting of any leave of absence. Before a licensee's return, a physician's written statement attesting to the licensee's fitness to return to the vending facility must be provided to the commission; or

(3) absent from the vending facility for a period of more than 30 consecutive days to care for a licensee's spouse, parent, or child with a serious health condition.

(b) All requests for leaves of absence must be in writing and delivered to the commission at least 60 days before the anticipated commencement of any such leave of absence. In the case of a leave requested pursuant to paragraph (a)(2) or (3) of this section, such request must be delivered to the commission no later than 30 days following the commencement of the illness or care of the spouse, parent or child with a serious health condition.

(c) The commission will render its decision regarding such request within 30 days of receipt of the request for a leave of absence. Decisions will be set forth in writing, and in the case of a denial, must specify the reasons for denial. A licensee may appeal a denial decision pursuant to section 729.22 of this Part.

(d) While on a leave of absence, a licensee is relieved of the responsibility for the operation of his or her vending facility. Such licensee will be reassigned to the same vending facility, provided that he or she returns within one year of the commencement of the leave of absence. During a leave of absence, the licensee is ineligible for promotion and will not accrue additional time toward retirement.

(e) A licensee who does not return from a leave of absence or who otherwise has not actively participated in the Business Enterprise Program for a period of one year will be deemed to have resigned from the Business Enterprise Program. The commission will so advise the licensee no later than 30 days before the end of the one-year period.

(f) A licensee who has resigned or otherwise terminated active participation in the Business Enterprise Program is eligible to re-enter the program provided that he or she meets the qualifications for licensing set forth in section 729.3 of this Part and has satisfied or agrees to satisfy any outstanding business indebtedness incurred in conjunction with the licensee's previous participation in the Business Enterprise Program. Any agreement regarding such indebtedness must be written. The commission will not provide initial stock or any cash assistance to such licensee until the commission is provided with proof that all prior indebtedness incurred while participating in the Business Enterprise Program has been satisfied.

(g) In the event of a licensee's incapacity or death, the commission may take over the operation of the vending facility and it may reassign the vending facility to another licensee pursuant to the provisions of section 729.17 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 729.13