New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter II - Attendance Rules for Employees in New York State Departments and Institutions
Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions
Part 26 - Applicability
Section 26.1 - To whom article applies

(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.