Leaves of Absence for State Employees

Only permanent employees of New York State may be given a leave of absence.

The purpose of any leave of absence without pay is to provide employees with their appropriate tenure protection, promotion rights, and layoff rights based upon their status in that position. Some types of leaves are termed "mandatory." Other leaves are termed "discretionary."

Mandatory leaves are required by Civil Service Law or rule or negotiated agreement, or Federal law, or State policy. Discretionary leaves are governed by Rule 5.2.

Usually mandatory leaves are granted when permanent employees:

Usually discretionary leaves are granted when permanent employees who are not eligible for a mandatory leave

Discretionary leaves may be granted by an agency for up to two years. Extensions beyond two years must be approved by the Civil Service Commission.

Basic Principles of Discretionary Leaves

Rights to Return to a Hold Item