New York regulations
Title 4 Part 33
Department of Civil Service
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4 NYCRR 33.1 - To whom rules apply
No later Register activity identified in this check.
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 as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees, designated as managerial/confidential under section 201, article 14 of the Civil Service Law, who are in the classified service in departments, agencies and institutions in the Executive branch of the State service:
(a)All such employees who are compensated on an annual salary basis.
(b)All such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least 3 3/4 hours per day and five days per week, or who are employed on a regularly scheduled workweek and required to work at least half-time each biweekly pay period, and who have been so employed continuously for nine months without a break in service exceeding one full pay 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 as long as such employment continues without a break in service of more than one year.
(c)All such employees compensated on a per diem or hourly basis who are expected by the appointing authority to be employed continuously for nine months as described in this section shall, effective at the beginning of such employment, observe holidays, earn and accumulate vacation and sick leave, and receive personal leave in the same manner and subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.
4 NYCRR 33.2 - Exceptions
No later Register activity identified in this check.
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 provisions of this Chapter 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.
(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.