4 NYCRR Part 26 - Department of Civil Service

Title 4 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source version current through Jan 31, 2026

All 3 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 26.1 - To whom Article applies

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)Except as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees in the classified service in departments, agencies and institutions in the Executive Branch of the State service who are not designated as managerial or confidential under section 201, article 14, of the Civil Service Law:

(1)all such employees who are compensated on annual salary basis;

(2)all such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least three and three-fourths hours per day and five days per week, and who have been so employed continuously for nine months without a break in service exceeding one full payroll period. Any such person who has completed such nine months of service on or before the effective date of this section shall become subject to this Chapter commencing on the effective date of this section; or, if such person is not in employment status on the effective date of this section, he/she shall be subject to this Chapter commencing on the first day of the payroll period following reinstatement pursuant to law or rules, or on the first day of the payroll period following such reemployment, provided such reemployment occurs within one year after such person's last separation from State service. Any such employee who completes such nine months of service subsequent to the effective date of this section shall become subject to this Chapter commencing on the first day of the payroll period following completion of such service. Such employees shall thereafter continue to be subject to this Chapter so long as such employment continues without a break in service of more than one year.

(b)This Chapter shall not apply to employees of the Department of Taxation and Finance who are employed in surrogates' offices pursuant to section 249-dd of the Tax Law.

(c)This Chapter shall not apply to employees who are employed in positions the principal duty of which is the teaching or instruction of patients or inmates, or the direct supervision of such teaching or instruction, and who are compensated in accordance with section 136 of the Civil Service Law.

4 NYCRR 26.2 - Exceptions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

The provisions of these rules authorizing the earning and accumulation of vacation credits and entitlement to personal leave shall not apply to employees whose employment is temporary and limited to all or parts of the months of June, July, August and September and who are designated as summer employees or summer replacements.

4 NYCRR 26.3 - Rules applicable to employees in negotiating units

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

The provisions of these attendance rules, insofar as they apply to employees in the negotiating units established pursuant to article 14 of the Civil Service Law, shall be continued; provided, however, that during periods of time when there is in effect an agreement between the State and an employee organization reached pursuant to the provisions of said article 14, the provisions of such agreement and the provisions of such rules shall both be applicable. In the event the provisions of the agreement are different from the provisions of the attendance rules, the provisions of the agreement shall be controlling.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.