Information for Persons Seeking Reinstatement
How Do I Go About Being Reinstated?
The reinstatement rule does not guarantee placement; it only provides eligibility. This means that if an agency wants to hire you, you are eligible to be hired without taking another examination and without having your name on an eligible list. You will be required to serve a probationary period.
Who Can Be Reinstated?
Generally, as a former permanent competitive employee of New York State, you may be permanently reinstated to any competitive class position you once held on a permanent basis, or to any position for which you were eligible for transfer, provided the reinstatement meets the basic criteria below:
- If you left state service less than one year ago, the reinstatement
request from a State agency will usually be approved by the Department of
Civil Service provided:
- the reinstatement will benefit the agency
- your prior service did not end with a disciplinary action
- there is no reemployment list for the position
- the reinstatement will benefit the agency
- If you left state service more than one year ago, the reinstatement
must also be approved by the Civil Service Commission.
It is your job to get State agencies interested in hiring you.
To assist you in your search, the Department of Civil Service offers you the following information and/or services as applicable:
- A determination as to your eligibility for reinstatement based on a review of your history
- A list of titles to which you are eligible to be reinstated, including titles to which you could have transferred
- A review of current eligible lists on which your name appears
- A copy of your employment history with New York State
- A list of pertinent agency websites including http://www.statejobsny.com, which lists current NYS job openings
- Exam announcements for titles for which you may qualify
NOTE: If you left state service while on probation after being appointed from an open competitive eligible list and the list still exists, you should write to the Department of Civil Service, Employment Records Section, and ask to be restored to the list. Include your Social Security number and the name and number (if you know it) of the list. Your request will be reviewed by the Employment Records Section.
If I Am Reinstated, What Will My Salary Be?
Your salary upon reinstatement to your former title will not be less than it was when you resigned. If you are reinstated to a lower title, your salary will be reconstructed. Salaries are determined by the State Comptroller's Office in conjunction with the hiring agency.
What About Other Rights and Benefits?
If you are reinstated after a break in service of:
- less than a year, your seniority date will be the original seniority date you had before you resigned.
- more than one year but less than three years, your seniority date will be recalculated and your previous service will be fully credited.
- more than three years, your previous service may be partially credited. The previous service credited will be reduced by the amount of time spent out of service, which is beyond three years. (Example: 7 years of previous State service; 4 years 6 months out of service; 5 years 6 months credited upon recalculation of seniority date.)
- If you have at least 5 years of service credit and keep your contributions on deposit when you leave public employment, you are automatically vested. If you then return to public employment prior to retiring, your membership status remains the same.
- If you have less than 10 years of service credit when you leave public employment, voluntarily terminate your membership by withdrawing your contributions, and then rejoin the same retirement system within 5 years of your last date of public service, you are reassigned to the same tier status from which you withdrew.
- If you are not vested (at least 5 years of service credit) when you leave public employment but keep your contributions on deposit, you have up to 7 years to return to public employment to retain your membership. After 7 years, your membership is automatically terminated and your contributions are returned to you.
If you are reinstated after a break in service of less than one year, or if you are reinstated by the Civil Service Commission after a break of more than one year, your state service will be considered to be unbroken, and you will continue to earn leave credits at your previous rate. Sick leave credits, vacation credits for which you did not receive a lump sum payment, personal leave credits, and unexpired holiday leave credits are restored. Your vacation anniversary date will be adjusted if the break in service exceeds six months.
For More Information:
|Employee Health Insurance||Leave Accruals||Retirement|
|(518) 457-5754||(518) 457-2295||(518) 474-7736|
The NYS Department of Civil Service has several Outreach & Information Centers locations which you may visit or call.