ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

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 17the 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. 


Feb 10, 2026

The Employee Benefit Research Institute's Sixth Annual Workplace Wellness Survey posted on the Internet

The Employee Benefit Research Institute's sixth Annual Workplace Wellness Survey finds workers value balance and benefits, but disengagement persists as inflation and health costs remain top worries.

While American workers report easing concerns about their personal finances compared with recent years, worries about overall well-being are on the rise according to findings from the Sixth Annual Workplace Wellness Survey, released on February 9, 2026, by the Employee Benefit Research Institute (EBRI) and Greenwald Research. Inflation and health care costs continue to be the most significant sources of concern for workers.


The survey finds that although a majority of workers are satisfied with their jobs and value work-life balance, many feel disengaged and uncertain about the economy, health care affordability and long-term security.


The Sixth Annual Workplace Wellness Survey examined worker attitudes toward employment-based benefits in the workplace, as well as a broad spectrum of financial and mental well-being, employment-based health insurance and retirement benefit issues. A total of 1,401 American full-time and part-time workers ages 21–64 were interviewed. Information was gathered through 20-minute online survey interviews conducted from July 18–August 5, 2025.


“Even as workers tell us their personal financial stress has eased compared with a few years ago, inflation and health care costs remain persistent pressure points—and that strain is showing up in rising concerns about overall well-being. The results suggest employers have an opportunity to strengthen engagement by pairing competitive benefits with greater flexibility and support that helps people feel more secure,” said Jake Spiegel, senior research associate, EBRI.


Key findings in the new research report include:


• Concerns about physical, mental and workplace well-being have climbed slightly, but financial well-being concerns have eased since 2022. Concern about physical, mental and workplace well-being was slightly higher in 2025, with workers rating their level of concern an average of 5.8 out of 10. Additionally, there was a general trend of concern about financial well-being decreasing, with financial well-being concerns dropping from 6.9 to 6.3 between 2022 and 2025. Concerns about the economy going into a recession impacting finances in the next 12 months was the same as 2024 (80%), but 40% said the U.S. economy is currently in a recession. Inflation (89%), the cost of health care (87%) and the cost of health insurance (86%) are other top concerns for American workers.
 
• Fifty-six percent of workers were very or extremely satisfied with their current job, with only 13% expressing dissatisfaction. About 66% of the workers reported that their employers’ efforts to help employees manage their overall well-being has stayed the same, with 23% saying efforts have increased. Just over one-third rated their employer highly in improving their financial well-being. Work-life balance (53%) and doing meaningful work (42%) contributed most to workers’ sense of workplace well-being. 


• Work-life balance continues to be valued by American workers. Over half (53%) of the workers indicated that work-life balance is one of the top three benefits valued most, outside of income and compensation. Eight in 10 workers were at least somewhat satisfied with the PTO benefits they get at work. While paid vacation and paid sick time were still the PTO benefits offered most frequently, paid volunteer time (24%), paid sabbatical (20%), child care (20%) and elder care assistance (14%) all increased in 2025.


• Workers reported similar satisfaction with their benefits package as in prior years, with top suggestions for improvement being a greater employer contribution and more flexibility of benefits to choose from. Over four in 10 workers were extremely/very satisfied with their benefits package, in line with prior years. Top improvements suggested were greater financial contributions from their employer (48%), more flexibility of choice (34%), more resources/benefits to help with financial well-being (33%) and PTO conversion (31%). Health insurance was most often mentioned as a top benefit when deciding whether to stay at a current job or leave (72%), followed by a retirement savings plan (62%).


• Workers were somewhat open to using artificial intelligence (AI) as a tool to help navigate benefits and finances, but significant shares were skeptical. Half of the workers are comfortable using AI-powered tools or resources to help manage their finances and a similar share is comfortable using AI tools for customized employee benefit plan recommendations. Generally, workers are comfortable using AI tools to do their own work (61% agree) and over half say that AI tools can help them do their job more efficiently. Yet more than a third are concerned that increased use of AI may eliminate their job, which is an increase from 2024.


“Work-life balance continues to be a defining priority for workers, and this year’s findings suggest they’re looking for benefits that don’t just exist on paper but make day-to-day life easier—whether that’s more flexible work schedules, time off or benefit options they can tailor to their needs. At the same time, we’re seeing cautious interest in using AI to help people navigate benefits and finances, paired with real skepticism and worry about what expanded AI use could mean for jobs. The takeaway from this research is that employers have an opportunity: pair stronger flexibility and modern, understandable benefits with responsible, transparent use of AI that builds trust and helps employees feel more supported,” said Greg Hershberger, managing director, Health and Benefits, Greenwald Research.


To review the complete 6th Annual Workplace Wellness Survey report, visit  https://www.ebri.org/health/Workplace-Wellness-Survey.


The survey was made possible with support from AARP, Evernorth, Fidelity Investments, Mercer, Morgan Stanley, Mutual of Omaha, National Rural Electric Cooperative Association, Unum Group and Voya Financial.


The Employee Benefit Research Institute is a non-profit, independent and unbiased resource organization that provides the most authoritative and objective information about critical issues relating to employee benefit programs in the United States. The organization also coordinates activities for the Center for Research on Health Benefits Innovation, Financial Wellbeing Research Center, Retirement Security Research Center and produces a variety of leading industry surveys during the year. 


For more information, visit www.ebri.org.


#             #



Feb 9, 2026

Combatting Artificial Intelligence [AI] fabricated hallucinations

 

Dr. Jason Harkess, a barrister and legal academic practicing law in Australia, notes that "Artificial intelligence is transforming legal work at breakneck speed. But with that transformation comes a dangerous side effect: AI-generated hallucinations - confident, plausible, and entirely fabricated legal authorities". 

In his article posted on the Internet, AI's Legal Lies Exposed: Combatting the Hallucination Epidemic, Dr. Harkess observes that "We are now seeing these hallucinations infecting court submissions across multiple jurisdictions, impacting the integrity of legal proceedings".

Citing "Ayinde v Haringey [2025] EWHC 1383 (Admin)", Dr. Harkess pointed out that the Divisional Court in England and Wales confronted this issue head-on in a case involving a young barrister "who presented five fabricated case citations to the court - AI-generated, confidently phrased, and entirely fictitious".

Dr. Harkess' article notes five essential lessons from that case, identifying the structural, cognitive, and procedural safeguards legal professionals should now consider adopting. 

Click HERE to access Dr. Harkess' article posted on the Internet.


Feb 7, 2026

Selected items posted on blogs during the week ending February 6, 2026

Five Ways Government Leaders Boost Transparency and Trust Learn how public-sector agencies strengthen community confidence through improved transparency and accountability. READ NOW

The 2026 State of Online Payments This sixth annual report delivers essential insights into how, when, and why Americans are paying their bills digitally.   DOWNLOAD

The Risk of Standing Still Learn why forward-thinking leaders are upgrading PeopleSoft to secure, AI-powered Oracle Cloud See Upcoming Locations and Register Today



Weekly Government Webinar Roundup 

Register now and watch at your leisure! 

📜 All registrants will have the opportunity to download a certificate of attendance at the completion of a webinar.


 

Resilient Digital Government Organizations: Strategies for 2026 Boost workforce satisfaction with AI-driven tools and strategies for resilient, modern government and education organizations. WATCH NOW

 

Collaboration for Government: Productivity and Compliance  Learn how organizations are leveraging certified, secure video and communication solutions to support productivity & public engagement. WATCH NOW

 

Smarter Cloud Strategies for State and Local Government Learn how state and local agencies are securing cloud growth, controlling costs and building trust around modernization and compliance. WATCH NOW

 

Connected Government 2026: How AI Can Build Smarter, Secure, and More Responsive Communication Ecosystems Watch this discussion on how agencies are preparing their communication ecosystems for the future. WATCH NOW

 

Building a Future-Ready Workforce: Strategies for AI-Driven Government Focusing on the workforce side of AI transformation, this webinar offers practical insights for navigating new talent requirements. WATCH NOW

 

AI in Government: Trends to Watch, Risks to Monitor, and the Role of Automated Software Testing Explore how public sector teams are using automated software testing to keep systems reliable, accountable, and ready for real-world pressure. WATCH NOW



Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law. Email: publications@nycap.rr.com