4 NYCRR Part 89 - Department of Civil Service

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Source version current through Jan 31, 2026

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 89.1 - Applicability

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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 this Part shall apply only to officers and employees in the Executive Branch who have been designated managerial or confidential pursuant to article 14 of the Civil Service Law, (hereinafter referred to as employee), and who are subject to:

(a)the attendance rules for employees in New York State departments and institutions;

(b)the attendance rules for institution teachers of the Department of Correctional Services;

(c)the attendance rules for institution teachers of the Office of Mental Health;

(d)the attendance rules of the Division of Military and Naval Affairs; or

(e)the attendance rules of the Division of State Police.

4 NYCRR 89.2 - Supplemental payments to certain persons receiving workers' compensation

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Dates and status

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

(a)An employee who is disabled and absent from work as a result of an illness, accident or injury incurred on or after September 1, 1986, and before July 1, 1992, who is receiving compensation pursuant to section 12 of the Workers' Compensation Law shall, in addition to such an award, receive a supplemental payment thereto from the State, as hereinafter provided, in an amount as determined by the State Comptroller, which supplement, together with said compensation, will equal such employee's regular biweekly salary, adjusted to exclude deductions from the employee's gross biweekly salary for Federal, State and municipal income tax withholdings and withholdings for social security (hereinafter referred to as the net biweekly salary), during the period that such employee is receiving compensation pursuant to the Workers' Compensation Law, or for nine months from the initial effective date of the payment of such supplement, whichever is shorter. In the event compensation pursuant to the Workers' Compensation Law is awarded retroactively, such supplement shall be paid for a period of equal length; provided, however, in no event shall the payment of said supplement be for a period in excess of nine months in the aggregate.

(b)In the event an employee receiving such supplemental payment is participating in a tax deferred annuity program as authorized by State law, rule or regulation, the amount of any salary reduction shall be ignored in computing the amount of the supplemental payment to be made to such an employee.

(c)In the event an employee is participating in the Voluntary Reduction in Work Schedule Program (VRWS), the supplemental payment herein provided shall be based on the percentage of salary the employee is receiving pursuant to the VRWS agreement with the employer; provided, however, that after 28 days of continuous absence the VRWS agreement shall be cancelled and such supplemental payment shall be recalculated on the basis of the employee's regular biweekly salary without regard to any such program participation.

(d)The supplemental payments made pursuant to this section shall be deemed a disability benefit for the purpose of adjustments to any short term or long term disability benefit otherwise payable pursuant to Part 78 of this Title.

(e)If the Workers' Compensation Board determines that compensation pursuant to section 12 of the Workers' Compensation Law is not payable, the employee shall be required to repay all amounts provided pursuant to this Part to the State in such form and in such amount as the Comptroller shall determine.

4 NYCRR 89.3 - Continuation of eligibility for certain benefits

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Dates and status

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

(a)An employee who is absent and receiving payments pursuant to this Part shall be deemed to be in full pay status for the purpose of Civil Service Law and the rules and regulations promulgated thereunder.

(b)An employee subject to this Part who is absent on workers' compensation disability leave without pay resulting from an injury or disease suffered on or after January 1, 1994 shall be deemed to be in full pay status for all other purposes of the Civil Service Law and the rules and regulations promulgated thereunder, but only for one cumulative year of absence for each such injury or disease.

4 NYCRR 89.4 - Eligibility for benefits

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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 hereinafter provided, no supplement pursuant to this Part shall be paid to an employee during the initial seven calendar days of absence due to a work connected injury or disease.

(b)If an employee is absent from work because of such injury or disease for more than seven but fewer than 15 calendar days, the supplement herein provided shall commence effective with the eighth calendar day of such absence.

(c)An employee absent from work because of such injury or disease for more than 14 calendar days shall be paid the supplement herein provided retroactive to the first day of such absence.

4 NYCRR 89.5 - Duration of supplemental benefits

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Dates and status

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

The maximum cumulative period during which a supplemental benefit shall be paid with respect to any specific injury or disease suffered by an employee as the result of his or her employment shall be nine months; provided, however, nothing herein shall prevent the employee from electing to continue to receive his or her full salary by charging appropriate leave accruals during the period prior to the payment of compensation pursuant to section 12 of the Workers' Compensation Law where the claim of the employee has not been controverted. In the event it becomes necessary to adjust the compensation otherwise payable to an employee upon a change in such employee's status, said adjustments shall be made in accordance with the procedures promulgated pursuant to this regulation.

4 NYCRR 89.6 - Policies and procedures

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Dates and status

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

The director of the personnel services division is hereby authorized to provide for the administration of this Part including the issuance of such policies, guidelines and procedures as may be necessary.

4 NYCRR 89.7 - Construction

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Dates and status

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

Nothing herein shall be deemed to continue the employment of any individual beyond that date on which such person's employment would otherwise have ended or would have been required to terminate in accordance with law, rule or regulation.

4 NYCRR 89.8 - Appeals

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Dates and status

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

Any person may appeal a denial of supplemental payments pursuant to this Part to the State Civil Service Commission by submitting a written explanation, supported by available documentary evidence, setting forth the facts upon which he or she relies to show that the denial was incorrect. Such appeal shall be filed with the commission within 30 days of the date of such denial.

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