Non-Permanent Appointments

  The two major types of non-permanent appointments are temporary appointments and provisional appointments. Basically, a temporary appointment is an appointment to a position that is established for only a temporary, short duration or an appointment to a permanent position that is temporarily vacant. A provisional appointment, on the other hand, is a stopgap appointment to a vacant position pending the establishment of an appropriate eligible list from which a permanent appointment to such position can be made.
Temporary
CSL § 64.1 A temporary appointment may be made to a permanent position temporarily vacant due to the leave of absence of the permanent incumbent. Such temporary appointment may extend for the authorized duration of the leave of absence as prescribed by statute or rule. A temporary appointment also may be made for up to six months where the Department of Civil Service finds that the position to which such appointment is proposed will not continue for a longer period. However, if the position continues beyond the six-month limit, the temporary appointment may be extended up to an additional six months with the approval of the Department of Civil Service. Successive temporary appointments may not be made to the same position after the expiration of the authorized period of the original temporary appointment.
CSL § 64.2 Temporary appointments for up to three months may be made without regard to existing eligible lists. If an appointment is made for a period exceeding three months but not exceeding six months, a person may be selected from an appropriate list, if available, without regard to his/her standing on such list. Any further temporary appointment beyond the six-month period or any temporary appointment initially made for a period exceeding six months must be made from among the three highest ranking eligibles on an appropriate list, if available, who are willing to accept such temporary appointment.
CSR § 64.3 A temporary appointment may be made without examination when the person appointed will render professional, scientific, technical or other expert services on an occasional basis, or on a full-time or regular part-time basis in a temporary position established to conduct a special study or project for a period not exceeding 18 months. Such appointment may be authorized only in a case where it would not be practicable to hold an examination of any kind.
Provisional
CSL § 65.1 A provisional appointment may be made when no appropriate eligible list of at least three people willing to accept appointment is available to fill a vacancy in a permanent position in the competitive class. In such case, the appointing officer nominates a person for the provisional appointment. If the nominee is certified by the Department of Civil Service as qualified, he/she may be approved as a provisional appointee until an appointment can be made from an appropriate eligible list. The qualifications of the nominee are determined on the basis of a review andevaluation of his/her training, experience and other qualifications measured against the minimum requirements for the position. No written, oral or performance test is normally required. The appointing authority must attest that the provisional nominee meets the minimum qualifications for the position.
CSL § 65.2
65.4
The law provides that no provisional appointment may continue for more than nine months. Successive provisional appointments of the same individual may not be made to the same position after the nine-month period. If an examination fails to produce a list adequate to fill positions held on a provisional basis, new provisional appointments may be made to any positions remaining unfilled. A former provisional appointee may be given such new provisional appointment. However, a provisional who has served for nine months or longer and who has passed an examination which results in a "non-mandatory" list must be either appointed permanently or removed from the position.
CSL § 65.3 A provisional appointment must be terminated within 60 days following the establishment of an appropriate list. However, an application may be made to the Department of Civil Service for a waiver of this requirement. A waiver may be sought if there are provisional appointees to be replaced by permanent appointments from a newly established list and the appointing officer believes that terminating all provisional appointees within that time would disrupt or impair essential public service. The Department of Civil Service may be asked to authorize the termination of the employment of various provisional appointees at stated intervals, in other words, on a staggered basis. In no case may the employment of any provisional be continued longer than four months following establishment of the eligible list.
Tenure Rights
CSL § 80.1
CSR § 80-a.1
55(d)
4.10
A temporary or provisional employee has no tenure rights and, therefore, may be removed at will. In the event of abolition of positions, all temporary or provisional employees in the titles involved must be laid off before permanent employees. Temporary and provisional employees have the same salary rights as permanent employees. If a person is given a temporary appointment from an eligible list, eligibility for permanent appointment from such list is unaffected. If a permanent employee is given a temporary or provisional appointment or promotion to a higher level position in his/her department, the employee may be placed on leave from his/her former lower grade permanent position.

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