New York regulations

Title 9 Part 566

Executive Department

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8 sections

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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

9 NYCRR 566.1 - Eligible employees

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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 following State officers and employees in the Executive Branch are eligible to exchange excess vacation credits for cash payment:

(a)officers and employees whose positions have been designated managerial or confidential pursuant to article 14 of the Civil Service Law, including those covered by section 19 of the Correctional Law, and those in the professional service in the State University who are designated, stipulated or excluded from negotiating units as managerial or confidential;
(b)employees covered by paragraph (a) of subdivision 1 of section 215 of the Executive Law;
(c)employees excluded from representation rights under article 14 of the Civil Service Law pursuant to rules and regulations of the Public Employment Relations Board; and
(d)employees in the Division of Military and Naval Affairs who are eligible to participate in the group term insurance plan authorized under section 158 of the Civil Service Law.

Employees in these eligible categories who are paid on a part-time basis may participate and receive the exchange payment on a prorated basis. Employees in these covered categories who are on leave are eligible to participate in the program. Employees whose salaries are prescribed by section 169 of the Executive Law or whose salaries were prescribed by that section prior to the enactment of Chapter 55 of the Laws of 1979, and those in negotiating units represented by employee organizations pursuant to article 14 of the Civil Service Law, are not eligible to participate in the exchange program.

9 NYCRR 566.2 - Accrual requirement

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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 participate in the excess vacation exchange program, an employee must have 35 or more days of accumulated vacation credits at the time of election.

9 NYCRR 566.3 - Election date

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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

An eligible employee electing to participate in the excess vacation exchange program must file an election form by May 1 with the payroll/personnel office in the employee's agency/facility indicating the number of days accumulated and the number of days to be exchanged; provided, however, in 1980 such election must be filed on or after June 23, 1980 and on or before August 22, 1980. Failure to file within this time perid will be deemed to be a declination of participation in the program.

9 NYCRR 566.4 - Limitations

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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

Earned and accumulated vacation credits can only be exchanged in full day units and only up to a maximum of five days.

9 NYCRR 566.5 - Vacation accrual subsequent to exchange election

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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

Vacation credits designated for exchange will be segregated from the employee's accrued vacation credits for future cash payment and such days will not be included in the accrued credits of the employee for the purpose of disallowing subsequent vacation credits within the limits otherwise prescribed.

9 NYCRR 566.6 - Payment for vacation credit exchange

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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

Cash payment in exchange for excess vacation credits will be based on the employee's annual salary in effect on July 1 of the exchange program year, including all annual salary factors in effect on that date. Payment for such exchange will be made by separate check in the last payroll period commencing in November of the exchange program year. Such payment will not be considered part of the employee's basis annual salary, nor will it be considered salary for the purpose of computing retirement benefits. The salary in effect on July 1 means the salary in effect at the beginning of the payroll period the first day of which is the nearest to July 1 or the beginning of the earlier of two payroll periods, the first days of which are nearest but not equally near to July 1.

9 NYCRR 566.7 - Termination of service

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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 who file an election but who terminate State service prior to receiving the exchange payment will receive such payment at the same time all other exchange payments are made. In the case of employees who have filed an election but who terminate State service prior to July 1, their salary in effect on the last date of their employment prior to July 1, will be considered to be their July 1 salary.

9 NYCRR 566.8 - Waiver

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
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

These rules may be waived, subject to provisions by law, by the Director of Employee Relations whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of the excess vacation exchange program.

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