Presidents Day, a federal holiday since 1879, was established to honor George Washington's birthday. Presidents Day, a day to honor all Presidents of the United States of America, was observed on Feb. 22, regardless of which day of the week it fell on. However, the Uniform Monday Holiday Law, which was enacted in 1971, implemented a new policy shifting the observation of certain federal holidays to a Monday, thereby creating more three-day weekends for celebration.
New York Public Personnel Law
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
Feb 14, 2026
Selected items posted on blogs during the week ending February 13, 2026
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Feb 13, 2026
The New York State Common Retirement Fund was estimated to be $297.8 billion as of December 31, 2025
New York State Comptroller Thomas P. DiNapoli reported that estimated value of the New York State Common Retirement Fund (Fund) was $297.8 billion as of December 31, 2025, end of the third quarter of State Fiscal Year 2025-26. Fund investments returned an estimated 2.44% for the quarter and 12.50% for the first nine months of the fiscal year.
"The state pension fund continued to grow over the third quarter,” DiNapoli said. “Drops in the stock market, inflation, slower job growth and broader economic volatility remain risks, however. Fortunately, my team manages the state pension fund prudently, with a diversified portfolio that can weather economic storms and provide retirement security for the pension fund’s more than 1.2 million working and retired members and their beneficiaries.”
The Fund's audited value was $273.1 billion as of March 31, 2025, the end of the state’s previous fiscal year.
As of Dec. 31, 2025, the Fund had 40.0% of its assets invested in publicly traded equities. The remaining Fund assets by allocation are invested in cash, bonds, and mortgages (23.3%), private equity (13.8%), real estate and real assets (14.0%), and credit, absolute return strategies, and opportunistic alternatives (8.9%).
The Fund’s long-term expected rate of return is 5.9%.
DiNapoli initiated quarterly performance reporting by the Fund in 2009 as part of his ongoing efforts to increase accountability and transparency. A recent independent fiduciary and conflict of interest review recognized the Fund for its exemplary investment oversight, risk management, and ethical governance.
Feb 12, 2026
No hearings scheduled for proposed amendments to family sick leave attendance rules available to certain Managerial or Confidential employees within the meaning of Article 14 of the Civil Service Law
On February 11, 2026 a notice was posted in the State Register indicating that will be no hearings held with respect to proposed amendments to rules providing for family sick leave available to certain employees serving in positions designated managerial or confidential [M/C] for the purposes of Article 14 of the New York State Civil Service Law.
The proposed changes are set out below:
PROPOSED RULE MAKING -- NO HEARING(S) SCHEDULED
Family Sick Leave I.D. No. CVS-06-26-00007-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: This is a consensus rule making to amend section 28- 1.3 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1) Subject: Family Sick Leave.
Purpose: To increase amount of annual family sick leave from twenty-five (25) to thirty (30) days for eligible M/C employees.
Text of proposed rule:
Subdivision (f)(1) of Section 28-1.3 of Article 2 of the Attendance Rules for Employees in New York State Departments and Institutions is amended to read as follows:
(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 the charge for such absence shall not exceed a maximum of [25] 30 days in any one year.
Text of proposed rule and any required statements and analyses: May be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: commops@cs.ny.gov
Data, views or arguments: May be submitted to: Eugene Sarfoh, Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
Public comment will be received until: 60 days after publication of this notice.
Consensus Rule Making: Determination Section 6(1) of the Civil Service Law authorizes the State Civil Service Commission to prescribe and amend suitable rules and regulations concerning leaves of absence for employees in the Classified Service of the State. The Office of Employee Relations (OER) has announced an increase in the available number of accrued sick leave days per calendar year that are available for employees serving in managerial or confidential (unrepresented) positions to charge for an illness or death in the family.
Consistent with Commission practice, significant changes to State leave policies are incorporated, as appropriate, as amendments or additions to the Attendance Rules for Employees in New State Departments and Institutions (Attendance Rules). Accordingly, an amendment is proposed to section 28-1.3(f)(1) of the Attendance Rules, applicable to employees serving in unrepresented positions.
As no person or entity is likely to object to the rule as written, the proposed rule is advanced as a consensus rule pursuant to State Administrative Procedure Act (SAPA) §202(1)(b)(i). Employees in represented New York State positions will be eligible to obtain or have already been granted equivalent benefits through the collective bargaining process.
Job Impact Statement: By amending Title 4 of the NYCRR to provide for an increase in the number of accrued sick leave days that may be accrued by certain New York State employees serving in unrepresented positions for an illness or death in the family, this rule will not negatively impact jobs or employment opportunities for eligible employees, as set forth in section 201- a(2)(a) of the State Administrative Procedure Act (SAPA). Therefore, a Job Impact Statement (JIS) is not required by section 201-a of such Act.
Feb 11, 2026
Procedures requiring employees to be tested for COVID-19 and to be vaccinated are subject to mandatory collective bargaining
New York State's Public Employment Relations Board [PERB], after a hearing, held that New York State Unified Court System's [UCS] failure to engage in collective bargaining negotiations with a certified or recognized employee organization over UCS' COVID-19 testing and vaccine policies were in violation of the Public Employees' Fair Employment Act [the "Taylor Law].
UCS appealed PERB's determination, challenging its "interpretation or application" of the statutes or regulations it relied upon. Supreme Court, applying the "arbitrary and capricious standard", granted PERB's motions to dismiss the UCS petition.
UCS then appealed the Supreme Court's determination but the Appellate Division unanimously affirmed the Supreme Court's ruling, noting that UCS challenged only PERB's "interpretation or application of a statute or regulation". The Appellate Division's decision noted that applying either the arbitrary and capricious standard or the substantial evidence standard PERB had rationally found, based on the record before it, that UCS's procedure implementing its decision to require employees to be tested for COVID-19 and, later, to be vaccinated, "was not excluded from mandatory bargaining with respondent unions".
Citing Matter of City of Long Beach v New York State Pub. Empl. Relations Bd., 39 NY3d 17, the Appellate Division explained that even if an employer has the undisputed right to make a particular decision that is not subject to mandatory collective bargaining, "the [employer] must negotiate the procedures necessary to effectuate that right".
Observing that PERB "As the agency charged with implementing the fundamental policies of the Taylor Law, PERB is presumed to have developed an expertise and judgment that requires courts to accept its decisions with respect to matters within its competence" and, citing Civil Service Law §205[5][d], opined that the challenged remedy directing UCS to make bargaining unit members whole for any "loss of pay and/or benefits" suffered was authorized by law, and was "reasonably applied under the circumstances".
Click HERE to access the Appellate Division's decision posted on the Internet.