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

All 27 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 28-1.1 - Saturdays, Sundays and holidays

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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)Saturdays and Sundays are normally allowed as days off, or days may be allowed in lieu thereof. A pass day is a day off in lieu of a Saturday or Sunday on which an employee is normally and regularly required to work.

(b)Holidays shall be allowed as days off, or days shall be allowed in lieu thereof.

(c)The days prescribed by law for the observance of New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as holidays. When a day observed as a holiday as provided herein falls on a Saturday or on an employee's pass day, the employee shall be allowed compensatory time off or another day shall be designated as a holiday in lieu thereof. In lieu of observance of the holidays enumerated herein on the days prescribed by law, the State may designate one or more of these holidays for observance on date or dates to be selected by the employee in accordance with guidelines issued by the Department of Civil Service.

(d)Compensatory time off in lieu of a holiday shall be credited as holiday leave. Employees shall be allowed reasonable opportunity to liquidate such leave time prior to separation, subject to program requirements and, in the case of resignation, subject to reasonable advance notice of such resignation.

(e)A part-time employee shall also observe holidays as provided herein, but such employee's total pay for a holiday shall be the amount which would have been due if such employee had been working regularly at his/her usual hours for such holiday. Such part-time employees shall observe only those holidays which fall on days they normally and regularly work or actually work; provided, however, that in the event a holiday falls on a Saturday and another day is not designated to be observed as the holiday, part-time employees eligible to observe holidays who are employed on a fixed schedule of at least half time and for whom Saturday is not a regular workday, but who are scheduled to work on the Friday immediately preceding such holiday, shall be granted holiday leave equivalent to the number of hours such employees are regularly scheduled to work on that preceding Friday, but not to exceed one-fifth the number of hours in the normal workweek of full-time State employees.

4 NYCRR 28-1.2 - Vacation

Source text available - table layout pending

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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 28-1.3 - Sick leave

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Dates and status

Compiling agency: Department of Civil Service
Text status: Later rule activity found; update pending
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-06-26-00007-A · Adopted rule · Jun 10, 2026
Source snapshot: Jun 6, 2026

(a)

(1)Effective January 1, 1986, this section shall apply only to persons who were in State service on December 31, 1985, including persons on an authorized leave of absence on such date and to persons who were in State service prior to December 31, 1985, who prior to such date resigned, retired or who were otherwise separated from their positions who are reemployed or reinstated to State service on or after January 1, 1986, who have creditable State service prior to January 1, 1986, who are eligible for but decline to participate in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and any such persons who are not otherwise eligible to participate in said plan. For the purpose of this section, an employee has prior creditable service if such person is reemployed within one year of resignation, retirement or termination or is reinstated by the Civil Service Department or Commission or by court order or is reemployed from or while eligible to be reemployed from a preferred list.

(2)Sick leave is absence with pay necessitated by the illness or disability of an 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 225 days. Effective January 1, 2000, up to 225 days of such credits may be used to pay for health insurance in retirement in accordance with section 167(4) of the Civil Service Law and provided, however, that an employee shall not earn sick leave credit for any biweekly pay period unless such employee is in full pay status for at least seven workdays during such biweekly pay period. A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also earn sick leave credit as provided herein, but total pay when absent on such leave shall be the amount which would have been due had such employee worked regularly at his/her usual hours for such period.

(c)An employee absent on sick leave shall notify his/her supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of the employee's workday; 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 workday. Sick leave credits may be used in such units as the appointing authority may approve, but the appointing authority shall not require that sick leave credits be used in units greater than one-quarter 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/her 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 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 such employee is not disabled from the performance of his/her normal duties and that the 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:

(1)illness or death in the employee's family; provided, however, that charge for such absence shall not exceed a maximum of 25 days in any one year;

(2)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

(3)personal visits to doctor or dentist.

Proof of the need for such absences, satisfactory to the appointing authority, may be required.

(g)When an employee is transferred, such employee's accumulated sick leave credits shall also be transferred. 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, sick leave credits accumulated and unused at the time of 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 not otherwise allowed sick leave under this Chapter because of anticipated eligibility shall, on the date on which such employee becomes subject to this Chapter, be credited with the number of days of sick leave which would have been earned during the preceding nine months if such employee had been subject to this Chapter during such period, less the number of days of sick leave with pay which were granted 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 28-1.4 - Extended sick leave

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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)

(1)Effective January 1, 1986, this section shall apply only to persons who were in State service on December 31, 1985, including persons on an authorized leave of absence on such date and to persons who were in State service prior to December 31, 1985, who prior to such date resigned, retired or who were otherwise separated from their positions who are reem ployed or reinstated to State service on or after January 1, 1986, who have creditable State service prior to January 1, 1986, who are eligible for but decline to participate in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and any such persons who are not otherwise eligible to participate in said plan. For the purpose of this section, an employee has prior creditable service if such person is reemployed within one year of resignation, retirement or termination or is reinstated by the Civil Service Department or Commission or by court order or is reemployed from or while eligible to be reemployed from a preferred list.

(2)The appointing authority may, in its discretion, advance sick leave credits to an employee absent due to personal illness who has exhausted 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 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, 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 the employee's services, any such advance of sick leave not offset by subsequent accumulations of sick leave, vacation, personal leave, overtime, or other leave credits shall be deducted from salary or wages due the employee.

4 NYCRR 28-1.5 - Sick leave at half-pay

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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)Effective January 1, 1986, this section shall apply only to persons who were in State service on or before December 31, 1985, and persons who are reemployed or reinstated to State service on or after January 1, 1986, with creditable State service as described in section 28-1.3(a)(1) of this Part for service performed prior to January 1, 1986, who are eligible for but decline to participate or who are not eligible to elect to participate, in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and to persons appointed on or after January 1, 1986, who are excluded from participating in said plan.

(b)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 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 such employee's State service shall not exceed one pay period for each complete six months of such State service.

4 NYCRR 28-1.6 - Personal leave

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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 credited with personal leave as provided under this section shall continue to be credited with five days' personal leave each year on the anniversary date of the date such employee was so credited.

(2)Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Part and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Part, 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 such employee becomes subject to the application of this Chapter or the date employed if it is anticipated the employee will become subject to 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 Part, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited, the unused personal leave standing to such employee's credit at the time of separation or leave of absence shall be restored and such employee shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to such employee 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 Part, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to the employee, 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 the credit of such an employee at the time of such appointment, promotion or transfer shall also be transferred, and the employee shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable 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 such employee 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 government functions.

(d)Personal leave may be used in such units of time as the appointing authority may approve, but the appointing authority shall not require that personal leave be used in units greater than one-quarter hour.

(e)Personal leave may be used as vacation, subject to the prior approval of the appointing authority. The appointing authority may not require an employee to give a reason for the use of personal leave, except where such reason may be required for the use of vacation for the same absence.

(f)A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also receive personal leave as provided herein, but total pay when absent on such leave shall be the amount which would have been due had such employee worked regularly at his/her usual hours for such period.

4 NYCRR 28-1.7 - Leave for extraordinary weather conditions and extraordinary circumstances

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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 charged to leave credits (other than sick leave) for absences necessitated by excessive heat or other extraordinary weather conditions.

(b)Employees who have reported for duty, and because of extraordinary circumstances or extraordinary weather conditions are directed to leave work, shall not be required to charge such directed, early departures to the leave credits.

(c)During a state of emergency declared by the Governor, employees directed by the Governor not to report for duty to official work stations within the specific geographic area covered by the emergency declaration shall not be required to charge such directed absences to their leave credits.

4 NYCRR 28-1.8 - Workers' compensation leave

Source text available - table layout pending

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 28-1.9 - Leave for subpoenaed appearance and jury attendance

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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 28-1.10 - Leave for civil service examination

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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)Employees shall be allowed leave with pay to take New York State civil service examinations for State positions at the appropriate center, provided that due notice is given by the employee to the appointing authority. Leave shall be allowed for written, oral, physical and performance tests and for interviews from eligible lists, or for transfers providing the employee has not initiated the interview.

(b)Employees whose work shifts end less than eight hours prior to the starting time of an examination may, at the discretion of the appointing authority, be allowed leave with pay for part or all of such shifts.

4 NYCRR 28-1.11 - Leave for quarantine

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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 personally ill 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, such employee shall be granted leave with pay for the period of the required absence, without charge against leave credits. Prior to return to duty, such employee may be required to submit a written statement, from the local health officer having jurisdiction, that return to duty will not jeopardize the health of other employees.

4 NYCRR 28-1.12 - Leaves required by law

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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 28-1.13 - Leave for civil defense duties

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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 be absent, 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 workdays per calendar year.

4 NYCRR 28-1.14 - Leave for professional meetings

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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

Subject to prior approval by the appointing authority, each employee may be allowed time off without charge to leave credits to attend conferences or seminars of recognized professional organizations, such conferences or seminars to be directly related to the employee's profession or professional duties. Requests for such leave may be approved to the extent that such absence would not interfere with the proper conduct of governmental functions.

4 NYCRR 28-1.15 - Leave for professional examination

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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)Upon proper advance notice, an employee may be allowed leave with pay without charge to leave credits for the purpose of participating in one professional examination each year in such employee's discipline. In the event such examination is administered in several parts, the several parts shall be considered a single examination. Absence required for travel shall be charged to appropriate leave credits.

(b)If an employee is scheduled to work on a shift which ends within eight hours of commencement of such professional examination, the appointing authority may adjust the employee's work schedule or allow leave with pay charged to appropriate leave credits for part or all of such work shift.

4 NYCRR 28-1.16 - Retroactive time credits

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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

Except for the provisions of sections 28-1.2(i) and 28-1.3(h) of this Subpart, 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.

4 NYCRR 28-1.17 - 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 28-1.18 - Exhaustion of military leave with pay

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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.

4 NYCRR 28-1.19 - Paid Parental Leave

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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-23-23-00001-A · Adopted rule · Oct 11, 2023
Source snapshot: Jun 6, 2026

(a)Employees shall be granted up to twelve weeks of paid leave without charge to accruals for each qualifying event, defined as the birth of a child or placement of a child for adoption or foster care. Paid parental leave begins on the date of birth, the day of adoption or foster care placement or anytime thereafter within seven months. An employee’s eligibility to use paid parental leave ends seven months from the date of the qualifying event.

(b)Paid parental leave is available for use once every twelve-month period.

(c)Employees using paid parental leave are deemed to be in leave without pay status for attendance and leave purposes.

(d)Paid parental leave must be taken in a single block of time and cannot be used intermittently. If an employee returns to work after using less than the full twelve week grant of paid parental leave, the employee can no longer use any paid parental leave for the same or another qualifying event within the same twelve month period, as computed from the date of the original qualifying event.

4 NYCRR 28-2.1 - Sick leave

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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)Effective January 1, 1986, this section shall apply to all appointees not subject to the provisions of section 28-1.3 of this Part.

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

(c)Employees who are on the payroll on the date on which sick leave credits are otherwise to be granted shall be entitled to eight days of sick leave credits for each 12 months of service up to a total of 200 days. Effective January 1, 2000, up to 200 days of such credits may be used to pay for health insurance in retirement in accordance with section 167(4) of the Civil Service Law. Such sick leave shall be credited as follows:

(1)Four days of sick leave credits upon completion of six months of State service and four days of such credits following completion of each six additional months of State service; provided, however, that any eligible employee electing to participate in the Income Protection Plan pursuant to Part 78 of this Title (President's Regulations) shall immediately receive four days of such sick leave credit on the effective date of such election.

(2)Part-time employees shall be granted sick leave credits not to exceed four days following completion of each six months of State service which credits shall be prorated based on the percentage of full-time service such employee is scheduled to work on each sick leave grant date.

(3)Employees who are not in pay status on a date on which such sick leave would otherwise be credited, shall be entitled to receive such sick leave credit on the date they return to pay status and the date on which such sick leave credits are to be thereafter credited shall be revised accordingly.

(d)An employee absent on sick leave shall notify the appropriate supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of the employee's workday; 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 workday. Sick leave credits may be used in such units as the appointing authority may approve, but the appointing authority shall not require that sick leave credits be used in units greater than one-quarter hour.

(e)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/her 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.

(f)The appointing authority may require an employee who has been absent because of personal illness, prior to and as a condition of 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 such employee is not disabled from the performance of his/her normal duties and that the return to duty will not jeopardize the health of other employees.

(g)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 a doctor or dentist. Proof of the need for such absence, satisfactory to the appointing authority, may be required.

(h)When an employee is transferred, such employee's accumulated sick leave credits shall also be transferred. 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, sick leave credits accumulated and unused at the time of 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.

(i)Every per diem and hourly paid employee employed on a full-time basis appointed on or after January 1, 1986, with no creditable State service prior to such date as defined in section 28-1.3(a)(1) of this Part shall, on the date such employee becomes subject to these rules, be granted four days of sick leave credits and that date shall become one of the employee's sick leave grant dates; provided, however, a per diem or hourly paid employee initially appointed on or after January 1, 1986, who is given anticipated eligibility shall be granted sick leave in accordance with subdivision (c) of this section.

(j)Every per diem and hourly paid employee employed on a part-time basis appointed on or after January 1, 1986, with no creditable State service prior to such date as defined in section 28-1.3(a)(1) of this Part shall, on the date such employee becomes subject to these rules, be granted sick leave credits not to exceed four days, which credits shall be prorated based on the percentage of full-time service such employee is scheduled to work on the grant date, and that date shall become one of the employee's sick leave grant dates; provided, however, a per diem or hourly paid employee initially appointed on or after January 1, 1986, who is given anticipated eligibility shall be granted sick leave in accordance with subdivision (c) of this section.

4 NYCRR 28-2.2 - Extended sick leave

No later Register activity identified in this check.

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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)This subdivision shall apply to persons appointed prior to January 1, 1986 provided they elected to participate in the State's Income Protection Plan, and to persons appointed on or after January 1, 1986 with no creditable State service prior to such date who were either required to participate in the State's Income Protection Plan or were ineligible to participate in the State's Income Protection Plan. The appointing authority may, in its discretion, upon written request from 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, 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 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.

(b)This section shall apply only to employees appointed on or after January 1, 1986 and ineligible to participate in the Income Protection Plan pursuant to the provisions of Part 78 of this Title (President's Regulations). The appointing authority may, in its discretion, advance sick leave credits for an absence due to personal illness, provided such employee has exhausted 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 four 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, personal leave, overtime, or other leave credits shall be deducted from salary or wages due the employee.

4 NYCRR 28-3.1 - Applicability

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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

This Subpart governs the transfer of vacation credits to eligible employees, as defined herein, for use for absences in connection with an illness or disability which did not arise in connection with such individual's employment.

4 NYCRR 28-3.2 - Eligibility to receive donated credits

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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

In order to be eligible to receive donated credits an employee must be subject to this Part and eligible to earn leave accruals, must be absent due to a nonoccupational personal illness or disability for which medical documentation satisfactory to management is submitted as required, must have exhausted all leave credits and must be expected to be absent for at least two biweekly payroll periods following exhaustion of leave credits or sick leave at half-pay. The employee must not have had any disciplinary actions or unsatisfactory performance evaluations within his/her last three years of State employment.

4 NYCRR 28-3.3 - Use of donated leave credits

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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)For employees subject to the sick leave provisions of Subpart 28-1 of this Part, donated credits may be used at employee option either in full day units following exhaustion of all available leave credits and prior to any sick leave at half-pay available to the employee pursuant to section 28-1.5 of this Part or in either full-day or half-day units following exhaustion of all available leave credits and any sick leave at half-pay available to the employee pursuant to section 28-1.5 of this Part.

(b)For employees subject to Subpart 28-2 of this Part, donated credits may be used in full-day units after all available leave credits are exhausted and prior to receipt of any disability benefits available to the employee pursuant to that Subpart.

4 NYCRR 28-3.4 - Eligibility to earn accruals

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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 absent while charging donated leave credits pursuant to this Subpart shall not earn vacation and sick leave, shall not be granted personal leave and shall not be eligible to observe holidays. Absences charged to donated leave credits shall be treated as leave without pay for purposes of calculating vacation and personal leave anniversary dates.

4 NYCRR 28-3.5 - Medical documentation

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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

Before absence for personal illness may be charged against donated 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/her duties, such absence may be considered as unauthorized leave and shall not be charged against donated leave credits. Abuse of leave privileges shall be cause for disciplinary action.

4 NYCRR 28-3.6 - Return to work

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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 require an employee who has been absent because of personal illness charged to donated leave credits, prior to and as a condition of 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 such employee is not disabled from the performance of his/her normal duties and that the return to duty will not jeopardize the health of other employees.

4 NYCRR 28-3.7 - Donation of credits

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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)Vacation credits may be donated by employees who are subject to this Article and are employed in the same agency as the intended recipient employee. Where an agreement exists between the State and an employee organization, recognized or certified pursuant to article 14 of the Civil Service Law to represent a bargaining unit of State employees, which permits leave donations between employees of different agencies, the employees subject to this section may donate leave credits to employees eligible to receive donated leave credits who are employed by an agency other than the agency of the donor employee to the extent provided by such agreement.

(b)Limits on donation of credits.

Such donations shall not cause the donor employee to have fewer than 10 days of vacation standing to his/her credit upon making such donation. Employees may not donate vacation credits which would otherwise be forfeited.

(c)Return of donated credits.

Donated leave credits unused and standing to the recipient employee's credit at time of return to work or separation from State service shall be returned to the employees who donated those unused credits, except that credits donated to an employee employed in an agency other than that of the donor employee will not be returned.

4 NYCRR 28-3.8 - Donation exchange agreements

No later Register activity identified in this check.

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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

During the effective period of an applicable donation exchange agreement between the Governor's Office of Employee Relations and an employee organization, recognized or certified pursuant to article 14 of the Civil Service Law to represent a bargaining unit of State employees, providing for donation of vacation credits, pursuant to an authorized leave donation program, to and from employees subject to this Subpart and employees subject to the leave donation program for that bargaining unit, such vacation credits may be donated by an employee who is subject to this Subpart to the benefit of an employee within the bargaining unit so represented, or received by an employee subject to this Subpart from an employee within such bargaining unit. Such vacation credits shall be donated, transferred and utilized in accord with the applicable donation exchange agreement and this Subpart or any such bargained program as applicable. Any donation exchange agreement shall be effective upon filing with the President of the Civil Service Commission and shall terminate 10 days after notice in writing by either party is served upon the president and the other party to the agreement.

4 NYCRR 28-3.9 - Construction

No later Register activity identified in this check.

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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

This Subpart shall not be construed to require extension of any employment beyond the time it would otherwise terminate by operation of law, rule or regulation.

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