Title 4 Part 21 NYCRR — browse free

You’re browsing Title 4 — free.

Read the source-transparency report →Create a free account (no card) to open all 23 titles →

Compiled text through Jan 31, 2026Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 14 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 21.1 - Sundays and holidays

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CVS-14-21-00001-A · Adopted rule · Sep 29, 2021
Source snapshot: Jun 6, 2026

(a)All Sundays and legal holidays enumerated herein shall be allowed as days off, or days shall be allowed in lieu thereof.

(b)The days prescribed by law for the observance of New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as holidays, except when any such day falls on Saturday, in which case it shall not be observed as a holiday.

(c)A pass day is a day off in lieu of a Sunday on which the employee is required to work. When such pass day falls on a day observed as a holiday pursuant to this section, such day off shall not be charged as a pass day.

4 NYCRR 21.2 - Vacation

Source text available - table layout pending

LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Department of Civil Service
Text status: Source-only entry
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

4 NYCRR 21.3 - Sick leave

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Sick leave is absence with pay necessitated by the illness or disability of the employee including illness or disability caused by pregnancy or childbirth.

(b)Employees shall earn sick leave credits at the rate of one-half day per biweekly pay period and may accumulate such credits up to a total of 150 days; provided, however, that an employee shall not earn sick leave credit for any biweekly pay period unless he is in full pay status for at least seven work days during such biweekly pay period. A part-time employee who is required to work a fixed number of hours, five days per week, shall also earn sick leave credit as provided herein, but his total pay when absent on such leave shall be the amount which would have been due him had he been working regularly at his usual hours for such period.

(c)An employee absent on sick leave shall notify his supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of his work day; provided, however, that where the work is such that a substitute may be required, the appointing authority may require earlier notification, but not more than two hours prior to the beginning of the employee's work day. Sick leave credits may be used in such units as the appointing authority may approve, but shall not be used in units of less than one-half hour.

(d)Before absence for personal illness may be charged against accumulated sick leave credits, the appointing authority may require such proof of illness as may be satisfactory to it, or may require the employee to be examined, at the expense of the department or agency, by a physician designated by the appointing authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the appointing authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. Abuse of sick leave privileges shall be cause for disciplinary action.

(e)The appointing authority may require an employee who has been absent because of personal illness, prior to and as a condition of his return to duty, to be examined, at the expense of the department or agency, by a physician designated by the appointing authority, to establish that he is not disabled from the performance of his normal duties and that his return to duty will not jeopardize the health of other employees.

(f)In addition to personal illness of the employee, the following types of absence, when approved by the appointing authority, may be charged against accumulated sick leave credits: illness or death in the employee's family, provided, however, that charge for such absence shall not exceed a maximum of 15 days in any one year; absence of an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, for the purpose of obtaining a guide dog or service animal and required training related thereto, provided, however, that charge for such absence shall not exceed a maximum of 26 days in any one calendar year; and personal visits to doctor or dentist. Proof of the need for such absence, satisfactory to the appointing authority, may be required.

(g)When an employee is transferred, his accumulated sick leave credits shall be transferred with him. When an employee is separated from service for other than disciplinary reasons and is subsequently reinstated or reemployed within one year after such separation, or is reinstated by action of the State Civil Service Commission, or is reinstated or reemployed while eligible for reinstatement from a preferred list, his sick leave credits accumulated and unused at the time of his separation shall be restored; provided, however, that such sick leave credits shall not be restored except where leave records satisfactory to the appointing authority and the Department of Civil Service are available.

(h)Every per diem and hourly paid employee shall, on the date on which he becomes subject to this Chapter, be credited with the number of days of sick leave which he would have earned during the preceding nine months if he had been subject to this Chapter during such period, less the number of days of sick leave with pay which were granted to him during such nine-month period, except that no deduction shall be made for sick leave drawn during such nine-month period which was earned prior thereto in accordance with an established departmental policy.

(i)This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 NYCRR 21.4 - Extended sick leave

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The appointing authority may, in its discretion, advance sick leave credits to an employee absent due to personal illness who has exhausted his accumulated sick leave, vacation and overtime credits. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to any employee under the provisions of this subdivision shall not at any time exceed a total of five days.

(b)The appointing authority may, in its discretion, upon written request from an employee certified by an examining physician as benefiting from the use of service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to such employee who is absent for the purpose of obtaining a guide dog or service animal and required training related thereto, and who has exhausted accumulated leave credits, provided the cumulative total of sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to an employee under the provisions of this subdivision shall not at any time exceed a total of 26 days.

(c)Upon termination of an employee advanced sick leave pursuant to this Part, any such advanced sick leave not offset by subsequent accumulations of sick leave, vacation and overtime credits shall be deducted from salary or wages due the employee.

4 NYCRR 21.5 - Sick leave at half-pay

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The appointing authority may, in its discretion, grant sick leave at half-pay for personal illness to a permanent employee having not less than one year of service after all of his sick leave, vacation and overtime credits have been used; provided, however, that the cumulative total of all sick leave at half-pay hereafter granted to any employee during his State service shall not exceed one pay period for each completed six months of his State service.

4 NYCRR 21.6 - Personal leave

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Personal leave is leave with pay for personal business, including religious observance, without charge against accumulated vacation or overtime credits. Employees shall be entitled to personal leave not exceeding a total of five days in a year, to be credited as follows:

(1)An employee in State service on the effective date of this Chapter shall be credited with five days' personal leave on the effective date of this Chapter, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of the effective date of this Chapter.

(2)Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Chapter and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Chapter, shall be credited with five days' personal leave on the date of such reemployment, reinstatement or entry, as the case may be, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of such date, and, for the purpose of crediting personal leave, a per diem or hourly paid employee shall be deemed to enter State service on the date on which he becomes subject to the application of this Chapter.

(3)If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited to him pursuant to this Chapter, the unused personal leave standing to his credit at the time of separation or leave of absence shall be restored to him and he shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to him prior to such separation or leave of absence.

(4)If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to him pursuant to this Part, such reinstatement or reemployment shall be deemed to be a new entry into State service for the purposes of crediting personal leave under this Part.

(5)If an employee is appointed, promoted or transferred to another department or agency, the unused personal leave standing to his credit at the time of such appointment, promotion or transfer shall be transferred with him, and he shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable to him prior to such appointment, promotion or transfer.

(b)Personal leave shall not be cumulative, and any personal leave credit remaining unused by an employee on the date immediately preceding the anniversary date upon which he is entitled to receive new personal leave credits hereunder shall be cancelled. Unused personal leave shall not be liquidated in cash at the time of separation, retirement or death.

(c)Personal leave may be drawn only at a time convenient to and approved in advance by the appointing authority; provided, however, that personal leave allowed for religious observance shall be granted on the days and hours required, insofar as the same may be granted at such time without interference with the proper conduct of governmental functions.

4 NYCRR 21.7 - Leave for extraordinary weather conditions

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The appointing authority may, in its discretion, grant employees time off with pay on account of excessive heat or other extraordinary weather conditions.

(b)Such time off shall be charged against accumulated vacation, overtime or sick leave credits, or may, with the approval of the appointing authority, be allowed as personal leave.

4 NYCRR 21.8 - Workers' compensation leave

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Leave for absence necessitated by occupational injury or disease.

(1)Except as otherwise provided in subdivisions (b) and (c) of this section, an employee necessarily absent from duty because of occupational injury or disease as defined in the Workers' Compensation Law, upon giving notice to his appointing authority that he is absent on account of such injury or disease and that he claims benefits under such law, shall be allowed leave from his position for the period of absence necessitated by such injury or disease, up to cumulatively one year including any periods of such absence during which the employee draws vacation, sick leave or other leave credits. Such leave may be extended for further periods in the discretion of the appointing authority.

(2)Upon granting workers' compensation leave pursuant to subdivision (a) or (b) of this section, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(b) of this Title, within the time prescribed by that rule.

(3)No less than 30 days nor more than 60 days prior to the anticipated expiration of an employee's workers' compensation leave, or the effective date of a termination of the leave by the employer pursuant to section 71 of the Civil Service Law upon a finding that the unfitness to perform the duties of the position is permanent where that determination does not arise from a hearing, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(c)(2) of this Title. If for any reason less than 30 days would remain prior to the date of termination of leave, if that termination is not the result of a hearing, service of the notice shall be deemed to be a grant by the appointing authority of an extension of the leave to a date 30 days from the date of service of this notice.

(b)Controverted cases.

If the employee's claim for benefits under the Workers' Compensation Law is controverted by the State Insurance Fund (at the request of the appointing authority or on its own initiative) and the appointing officer is so notified, the employee shall not be entitled to leave under this section. This shall not, however, adversely affect the employee's eligibility for leave under other provisions of this Chapter. If final determination of the controverted claim is in favor of the employee, he shall be entitled to leave under this section, and all absences before such final determination, to the extent that the same were necessitated by his occupational injury or disease, shall be deemed to have been pursuant to leave under this section.

(c)Permanent incapacity.

Leave under this section may be withheld or terminated if the appointing authority determines that the occupational injury or disease suffered by the employee is of such a nature as to permanently incapacitate him for the performance of the duties of his position.

(d)Pay during leave.

An employee on leave under this section may receive pay, as follows:

(1)The appointing authority upon finding that the employee is in fact disabled from the performance of his duties, may grant the employee full pay during such leave not exceeding cumulatively six months. Such full pay may be granted irrespective of the employee's accrued credits under this Chapter.

(2)Except when on full pay status under paragraph (1) of this subdivision, the employee may draw accrued vacation, overtime and sick leave credits, subject to the provisions of this Chapter pertaining thereto.

(3)If not drawing full pay under paragraph (1) or paragraph (2) of this subdivision, an employee may, in the discretion of the appointing authority, be allowed to draw personal leave and sick leave at half pay for which he may be eligible under this Chapter.

(e)Accrual of leave credits.

An employee who receives full pay for any period of leave under this section shall earn vacation and sick leave credits during such period.

(f)Award credited to State.

An award by the Workers' Compensation Board of compensation for any period for which the employee receives or received pay from the State shall be credited to the State as reimbursement of wages paid.

(g)Restoration of leave credits.

Leave credits, including sick leave at half pay, used by an employee during a period of absence for which an award of compensation has been made and credited to the State as reimbursement for wages paid shall be restored to him in full; provided, however, that no restoration shall be made for any absence of less than a full day. Credits so restored may not again be used for future absences attributable to the same injury. In the event that the employee dies, resigns, retires or continues absent beyond one year without further leave, cash payment for vacation and overtime credits, including any credits restored under this subdivision, shall be made in accordance with the appropriate provisions of this Chapter. In any other case, an employee restored to service after absence on leave under this section shall have one year from the date of such restoration to reduce his accrued leave credits to the limits prescribed in this Chapter.

(h)Return to duty.

Upon request of the employee for restoration to duty at or prior to the expiration of the maximum period of allowed leave, the appointing authority, if in doubt as to whether the employee is physically and mentally fit to perform the duties of the position, may require the employee to undergo medical examination, by a physician designated by the appointing authority, before the employee may be restored to duty. If restoration to duty is denied, the employee may make application therefor in the manner prescribed by section 5.9 of this Title. If an employee's employment is terminated as a matter of law due to continued absence after the expiration of the maximum period of allowed leave, or due to a finding of permanent disability, eligibility for reinstatement shall be governed by section 71 of the Civil Service Law and section 5.9 of this Title.

(i)Medical examination.

In order to enable the appointing authority to make such determinations as are authorized or required under this section, the appointing authority may require an employee at any time to be examined by a physician designated by the appointing authority.

(j)Where the appointing authority has refused to grant the employee pay during leave pursuant to subdivision (d) of this section, the employee may request the Civil Service Commission to review the determination of the appointing authority. If the commission finds that such determination of the appointing authority is arbitrary or unreasonable, it may reverse or modify such determination. Where the appointing authority has withheld or terminated a leave of absence on the ground that the occupational injury or disease is of such a nature as to permanently incapacitate the employee for performance of the duties of the position, and the employee disputes the issue of permanence of incapacitation, the employee may apply for continued leave up to a maximum of one year in aggregate, restoration to duty or reinstatement to employment, pursuant to the procedures of section 5.9 of this Title.

(k)Construction.

This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate.

4 NYCRR 21.9 - Leave for subpoenaed appearance and jury attendance

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Except as provided in subdivision (b) of this section, on proof of the necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body, an employee shall be granted a leave of absence with pay with no charge against leave credits; provided, however, that this section shall not apply to any absence by an employee occasioned by such an appearance in an action to which such employee is a party.

(b)An employee holding a position designated as overtime ineligible may be granted a leave of absence with pay with no charge against leave credits on proof of necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body for any period(s) of less than a workweek, regardless of whether such employee is a party to the action.

4 NYCRR 21.10 - Leave for civil service examinations

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Employees shall be allowed leave with pay to take New York State Civil Service examinations at the appropriate center, provided that due notice is given by the employee to the appointing authority.

4 NYCRR 21.11 - Leave for quarantine

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

If an employee who is not ill himself is required to remain absent because of quarantine and presents a written statement of the attending physician or local health officer proving the necessity of such absence, he shall be granted leave with pay for the period of his required absence, without charge against accumulated sick leave, vacation or overtime credits. Prior to return to duty, such employee may be required to submit a written statement from the local health officer having jurisdiction that his return to duty will not jeopardize the health of other employees.

4 NYCRR 21.12 - Leaves required by law

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The appointing authority shall grant any leave of absence, with pay, required by law.

4 NYCRR 21.13 - Leave for civil defense duties

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Upon certification by the State Director of Civil Defense of the necessity for the participation in State or local civil defense drills of an employee enrolled as a civil defense volunteer and required to perform civil defense duties pursuant to the New York State Defense Emergency Act, the appointing authority may allow such employee to absent himself from his position, without loss of pay or charge against leave credits, for such time as is necessary for participation in such drills, but not exceeding cumulatively five work days per calendar year.

4 NYCRR 21.14 - Retroactive time credits

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Westlaw Inline Boundary Correction
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Except for the provisions of sections 21.2(i) and 21.3 of this Part granting vacation and sick leave credits for the nine months' service preceding the date on which an employee becomes subject to this Chapter, nothing herein contained shall be construed to provide for the granting of retroactive vacation, sick leave or other time credits to any per diem or hourly paid employee for service rendered prior to August 14, 1958.¹

4 NYCRR 21.15 - Supplemental military leave

LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.

Dates and status

Compiling agency: Department of Civil Service
Text status: Source-only entry
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: CVS-14-26-00017-A · Adopted rule · Jul 8, 2026
Source snapshot: Jun 6, 2026

4 NYCRR 21.16 - Exhaustion of military leave with pay

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Upon exhaustion of military leave with pay provided pursuant to section 242 of the New York State Military Law, an employee holding a position designated as overtime ineligible may be granted leave with pay without charge to leave credits for any period(s) of less than a workweek during which such employee is ordered to temporary military duty.

LawEngine organizes New York regulations for fast review. Use independent legal judgment before filing.