N.Y. Comp. Codes R. & Regs. tit. 4 § 26.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 26.1 - To whom article applies

(a) Except as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees in the classified service in departments, agencies and institutions in the Executive Branch of the State service who are not designated as managerial or confidential under section 201, article 14, of the Civil Service Law:

(1) all such employees who are compensated on annual salary basis;

(2) all such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least three and three-fourths hours per day and five days per week, and who have been so employed continuously for nine months without a break in service exceeding one full payroll period. Any such person who has completed such nine months of service on or before the effective date of this section shall become subject to this Chapter commencing on the effective date of this section; or, if such person is not in employment status on the effective date of this section, he/she shall be subject to this Chapter commencing on the first day of the payroll period following reinstatement pursuant to law or rules, or on the first day of the payroll period following such reemployment, provided such reemployment occurs within one year after such person's last separation from State service. Any such employee who completes such nine months of service subsequent to the effective date of this section shall become subject to this Chapter commencing on the first day of the payroll period following completion of such service. Such employees shall thereafter continue to be subject to this Chapter so long as such employment continues without a break in service of more than one year.

(b) This Chapter shall not apply to employees of the Department of Taxation and Finance who are employed in surrogates' offices pursuant to section 249-dd of the Tax Law.

(c) This Chapter shall not apply to employees who are employed in positions the principal duty of which is the teaching or instruction of patients or inmates, or the direct supervision of such teaching or instruction, and who are compensated in accordance with section 136 of the Civil Service Law.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 26.1