New York State’s new critical incident leave policy for state troopers officially took effect Thursday, with supporters saying it could improve both officer mental health and public safety.
The policy guarantees at least 20 days of paid leave for troopers primarily involved in incidents resulting in serious physical injury or death, while other troopers directly involved or present are eligible for at least 10 days.
Qualifying incidents can extend beyond officer-involved shootings. Charles Murphy, president of the New York State Troopers Police Benevolent Association, said the policy can apply when troopers respond to events involving death or serious physical injury, including fatal crashes, suicides and other traumatic scenes. He pointed to crashes involving multiple fatalities and victims trapped at the scene as an example of circumstances that could qualify, while noting that a typical car accident would not.
The policy followed a longer legislative path before taking effect. The measure passed both houses of the state Legislature last year but was initially vetoed by Gov. Kathy Hochul. Burke continued pushing for the proposal, which Hochul later included in her 2026 executive budget. It was ultimately enacted as part of the state budget and took effect Sept. 24.
Murphy said the policy is intended to reduce the stigma around seeking mental health support after traumatic incidents.
“This legislation is a fundamental truth of law enforcement: Mental health is a key component of troopers' readiness and public safety,” he said. “When our members experience a life-altering traumatic event on the job, recovering from that trauma deserves the same support and attention as recovery of a physical injury.”
Before the policy took effect, Murphy said troopers involved in critical incidents were generally limited to three days of leave and had to use their own vacation time if they needed additional time to recover.
The new leave is voluntary, and the law allows the State Police superintendent to determine whether an incident qualifies. Murphy said leave can also be delayed when staffing shortages require a trooper to remain on duty.
“At the end of the day, it's public safety, and that is our first and foremost,” Murphy said. “As much as I'm here for my officers' wellness, the reality is, the job does come first when it comes to taking care of public safety.”
New York State Assemblymember Patrick Burke, who sponsored the legislation in the Assembly, said the policy is about more than supporting officers. He argued giving troopers time to process traumatic incidents before returning to duty can also benefit the communities they serve.
“You’re going to make New York State troopers who are involved in a critical incident’s lives better. Therefore, you’re going to make the public’s lives better,” Burke said. “When we prioritize police mental health, we prioritize community as well.”
Burke said he now wants to expand similar protections beyond state troopers, with the goal of eventually extending them to law enforcement officers across New York.
