N.Y. Comp. Codes R. & Regs. tit. 4 § 33.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 33.1 - To whom rules apply

Except as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees, designated as managerial/confidential under section 201, article 14 of the Civil Service Law, who are in the classified service in departments, agencies and institutions in the Executive branch of the State service:

(a) All such employees who are compensated on an annual salary basis.

(b) All such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least 3 3/4 hours per day and five days per week, or who are employed on a regularly scheduled workweek and required to work at least half-time each biweekly pay period, and who have been so employed continuously for nine months without a break in service exceeding one full pay 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 as long as such employment continues without a break in service of more than one year.

(c) All such employees compensated on a per diem or hourly basis who are expected by the appointing authority to be employed continuously for nine months as described in this section shall, effective at the beginning of such employment, observe holidays, earn and accumulate vacation and sick leave, and receive personal leave in the same manner and subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 33.1