Resignation and Reinstatement

Effective Date
CSR § 5.3(a)
The rules require that every resignation be in writing. If no effective date is specified in a resignation, it takes effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified, it takes effect on such specified date. If an employee who is on leave of absence without pay submits a resignation, it is deemed to be effective as of the date of commencement of such absence. A resignation may not be withdrawn, canceled or amended after its delivery to the appointing authority without the consent of the appointing authority.
Incompetency or Misconduct Charges
  If charges of incompetency or misconduct have been or are about to be filed against an employee and the employee submits a resignation, the appointing authority may elect to disregard the resignation and pursue the charges. In such a case, if the employee is found guilty of the charges and dismissed from service, the termination is recorded as a dismissal rather than a resignation.
CSR § 5.4 A permanent employee who resigned may be reinstated by an agency without examination within one year from the date of the resignation to the position from which he/she resigned, if vacant, or to any vacant position to which he/she was eligible for transfer or reassignment. Employees separated for more than one year may be reinstated only upon approval of the Civil Service Commission. Reinstatement is not a right conferred upon the employee. Reinstatement is wholly discretionary with the appointing officer.
CSL § 79 Where, and to the extent a collectively bargained agreement so provides, State employees who will be suspended or demoted as a result of the State's right to contract for goods and services, will have their names placed on redeployment rosters. These rosters will be used for filling positions in the same title or any comparable title, as determined by the Department of Civil Service. Redeployment lists must be certified for filling vacancies before any other eligible list, placement roster, reemployment roster or preferred list. The Commission, with the approval of the Division of Budget, has the discretion to extend these rights to management/confidential employees as well.
The names of people on a redeployment list must be certified in the order of their original appointments, and in accordance with Sections 80 and 80(a) of the Civil Service Law. In addition, a person appointed from a redeployment list shall receive at least the same salary received in the position from which he/she will be or was suspended or demoted. Further, probationers who are appointed from a redeployment list to a position in the same title will be required to complete their probationary term. Employees who are appointed from a redeployment list to a position in a comparable title shall be required to complete the probationary term in accordance with rules promulgated by the Civil Service Commission. Finally, in no case may an employee's name remain on a redeployment list longer than six months following suspension or demotion.
The Department of Civil Service may determine that there are no positions in the same title or any comparable title to which an employee can be redeployed. In such instances, the Department of Civil Service may place the person's name on a special reemployment roster for filling positions in titles for which the employee meets the essential tests and qualifications. However, eligibility for appointment of an employee whose name appears on a special reemployment roster shall not continue for a period longer than four years from the date of suspension or demotion. In addition, eligibility for appointment shall terminate at such time as the employee is redeployed, and in no event shall eligibility continue once the employee is no longer eligible for reinstatement from a preferred list. Finally, unlike the case with redeployment lists, a person appointed from a special reemployment roster does not receive salary protection and is required to serve a new probationary period.

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