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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.


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.

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