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.
 

CSL §

64.1
Temporary
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.
 

CSL §

65.1
Provisional
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 and evaluation 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.
 

CSL §

CSR §

80.1
80-a.1
55(d)
4.10
Tenure Rights
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.
 
Reassignment
CSR § 1.2(b)(2) The movement of an employee between organizational units or geographical locations of the same appointing authority with no change in title or salary grade is a reassignment. Appointing officers have wide latitude in assigning and reassigning employees to positions under their jurisdictions.
 
Transfers
CSR § 1.2(b)
1.2(b)(1)
The term transfer is often loosely used to describe any movement from one position to another. For purposes of applying civil service requirements, however, the term has a narrower, technical meaning. It is defined in the rules as a "change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority, or to a position in a different title in the same or a higher salary grade under the jurisdiction of the same appointing authority."
 

CSR §

5.1(a)(3)
4.5(e)
4.5(b)(4)(i)
5.1(a)(1)
5.1(a)(2)
5.1(a)(3)
Conditions and Limitations
Transfers require the written consent of the transferee and the appointing authority having jurisdiction over the position to which the transfer is sought, and the approval of the Department of Civil Service. When a probationary period is required upon transfer, the transferee is placed on leave from his/her former permanent position pending satisfactory completion of the probationary term. However, the appointing authority having jurisdiction over the position to which transfer is sought may elect to waive the required probationary term. Administrative transfers (CSL Section 52.6) and regular transfers (CSL Section 70.1) may be effected even if there is a viable promotion eligible list. Transfers under CSL Section 70.4 may be made only if an open-competitive appointment would be in order. Generally, a transfer may not be made to a position for which there is a redeployment roster, preferred list, reemployment roster or placement roster containing the name of an eligible willing to accept reinstatement to the position to which transfer is sought. Such transfer may be made, however, if the vacancy created by such transfer is in the same geographical area as the position to which the transfer is made and the redeployment roster, preferred list, reemployment roster or placement roster eligible is simultaneously offered reinstatement to such vacancy. A transfer may be made only to a position that has the same, substantially the same or a lower salary grade as the position from which transfer is to be made.
 

CSL §

78
Transfer to Avert Layoff
Section 78 enables the State to transfer employees from one agency or department of the State to positions in the same title or any comparable title in another department or agency of the State to avert layoffs. Transfers authorized by this provision can, in many instances, be effectuated despite the existence of a reemployment, eligible or preferred list. The Department of Civil Service has the statutory authority to place the names of eligible employees upon appropriate transfer lists and to certify such lists for filling vacancies.
 

CSR §

5.1(b)
5.8
Geographical Areas
The rules contain special provisions pertaining to transfers between geographical areas. They provide that a person appointed in the State service in one geographical area may not be transferred or reassigned for at least one year after appointment to a similar position in another geographical area, unless reachable for appointment to the other position from the eligible list. This rule does not apply, however, to reassignments made under a reassignment list program approved by the Department of Civil Service or to transfers effected from placement rosters.
 

CSL §

70.2

Agency Functions
Statute requires that provisions be made for transferring necessary officers and employees who perform the functions to be transferred. Such provisions apply when functions are transferred from:

  • one department or agency of the State to another department or agency of the State, or
  • one department or agency of a civil division of the State to another department or agency of such civil division, or
  • from one civil division of the State to another civil division, or
  • from a civil division of the State to the State or vice versa.

For the purposes of determining those holding permanent appointments in the competitive class to be transferred in such a case, officers and employees are selected within each class of positions in the order of their original appointment, with due regard to the right of preference in retaining disabled and non-disabled veterans. Competitive class employees who are not so transferred have their names entered on an appropriate preferred list. Even though these general provisions are contained in the law, most legislative enactments providing for the transfer of functions from one department or agency to another contain special provisions for the transfer of the personnel involved.
 

Administrative Positions
Transfers between "administrative" positions are authorized by Section 52.6 of the Civil Service Law. Administrative positions include those in the area of law, personnel, budgeting, methods and procedures, management, records analysis, and administrative research as determined by the Civil Service Department. Section 52.6 transfers are based on the fact the tests or qualifications for the positions from which and to which transfer is sought are substantially equivalent.
 
Resignation and Reinstatement

CSR §

5.3(a)
5.3(b)
5.3(c)
Effective Date
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

Redeployments
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.
 

Layoffs and Preferred Lists

CSL §


CSR §




CSL §

80.1
80-a.1
85.7(1)
5.5(c)
5.5(d)
5.5(g)
5.6(c)
5.6(d)
80.2
80-a.2

Criteria for Having Rights
Layoff is a term commonly used whenever an employee is separated from State service because of economic or program reductions. However, not all employees who are laid off are entitled to rights under Sections 80 and 80-a of the Civil Service Law. Generally, to have retention, displacement and/or preferred list rights, the separation must occur because of the abolition of positions and employees must be permanent employees of New York State in:

  • a competitive class position,
  • a labor class position for at least one year, or
  • a non-competitive class position of a non-confidential or non-policy influencing nature for at least one year.

Within a title within a layoff unit, employees meeting the above criteria have rights to be retained over provisional, probationary or temporary employees.
 

Seniority
Where some but not all permanent employees will be retained, retention is based upon date of permanent appointment to a position in the classified service, with the least senior employee being laid off first. An additional 30 months and 60 months seniority are given to veterans and disabled veterans, respectively. A spouse domiciled with a veteran having a 100 percent service connected disability receives 60 months additional seniority. Employees who are blind are given absolute preference in retention; they are considered to be more senior than all other employees in the same title.

Seniority is calculated based upon continuous service. Continuous service for layoff purposes is defined similarly to continuous service for purposes of seniority credits on a promotion examination; i.e., intervening periods of employment on a provisional or temporary basis or in the unclassified service do not interrupt the continuity of the service. Continuity is interrupted by a break in service of over one year. However, no previously gained credit is lost for absences of under three years. Any period of absence in excess of three years is deducted pro rata from seniority credit earned before the absence.
 


CSL §

PR §

80.5
80-a.3
72.1
Layoff Units
Layoffs in the State are made among employees in the department where the abolition or reduction occurs. However, the President of the Civil Service Commission may, by regulation, designate separate units for suspension or demotion. These include any State hospital, institution or facility, or any division of any State department or agency, or specified hospitals, institutions and facilities of a single State department or agency within a particular geographic area.
 

CSL §
CSR §

80.7
5.5(a)
5.5(a)(1)
5.5(a)(3)
"Bumping" and "Retreating"
Competitive class employees may often have an opportunity to displace other less senior employees in the layoff unit through either bumping or retreat. Exactly what may occur in the case of bumping varies with each situation, but generally, the employee will displace the least senior employee, provided he/she has greater retention standing, in the next existing lower occupied title in direct line of promotion. Non-competitive and labor class employees do not bump since there are no direct promotion lines in these classes.
CSL §

CSR §
80.7
80-a(5)
5.5(a)(2)
5.5(h)
5.6(a)(1)
5.6(h)
If no lower level occupied positions in direct line of promotion exist in the layoff unit, competitive class employees may have retreat rights. Non-competitive and labor class employees also have retreat rights. Retreat means that the employee, provided he/she has greater retention standing, may displace the least senior individual in the layoff unit who occupies the last lower level title that the employee held on a permanent basis.
 

CSR §

5.8
Placement Rosters
Prior to the date of layoff, the names of permanent employees expected to be displaced may be put on a placement roster. If the placement roster includes an eligible who is willing to accept the appointment, use of the open-competitive and promotion lists and transfers from other than placement rosters are blocked. All employees on these rosters are equally reachable for appointment. Appointments made from a placement roster are treated as transfers and require a probationary period. However, as with any transfer, the appointing officer may waive the probationary term.
CSR § 5.8(c) Placement roster eligibles who refuse a transfer, fail their probationary periods or are not appointed become preferred list eligibles as of the date of layoff.

Generally, placement rosters are established only for the titles in which employees facing layoff are currently serving. However, in some cases a placement roster may be certified for other appropriate titles. The employee must be given 20 days notice of the impending layoff.
 

CSL §

CSR §

81.1
81.2
5.5(g)
5.6(g)

Preferred Lists
Laid off and demoted employees are certified to fill positions from a preferred list. On any particular preferred list certification, employees are ranked according to their preferred list adjusted seniority. Inclusion on the preferred list certification depends on several criteria:

  • whether the title to be filled is the same title, a direct line title or a comparable title;
  • whether the position to be filled is in the employee's former layoff unit or another layoff unit;
  • whether the employee was a probationer or had completed probation at the time of layoff;
  • whether the position is permanent or temporary and whether the employee has indicated a willingness to take a temporary position;
  • the geographic location of the job and whether the employee has indicated a willingness to work in that county;
  • the previous declinations and reinstatements of each employee.

Given these criteria, it is apparent that an individual's rank may vary widely on different certifications.
 


CSL §

81.4
Preferred List Reinstatements
Appointing officers must either reinstate the number one eligible willing to accept appointment or leave the position vacant. There is no probationary period upon reinstatement from a preferred list, unless the laid off employee was on probation at the time of layoff. Such employees must complete their probationary periods when reinstated. However, a preferred list eligible reinstated to a traineeship position would be on probation for the length of the traineeship.
 

CSL §


CSR §

81.1
81.5
81.8
5.7
5.7(c)

Term of Eligibility
An individual's name may remain on a preferred list for a title for up to four years, unless permanently appointed to a position at the same salary grade. Eligibles who decline a job offer may retain some eligibility or be removed from the list, depending upon their salary grade and county of layoff. It is also possible to be allowed to be inactive on the preferred list and reactivated at a future date for good cause. Eligibles reinstated at a lower salary grade retain their preferred list eligibility for higher grade positions.

Preferred list eligibles are considered permanent employees for purposes of qualifying for promotion examinations. However, time on the preferred list does not count toward the amount of service required and does not interrupt continuous service for seniority if an eligible is reinstated from the list.
 


CSL §

81-a
81-b
Reemployment Rosters
Reemployment rosters are intended to provide additional employment opportunities to laid off employees. Competitive class employees are placed on reemployment rosters for selected titles other than preferred list titles based on the similarity of duties, minimum qualifications and examinations. Non-competitive and labor class employees are placed on reemployment rosters for titles for which they are qualified for appointment. Former employees on reemployment rosters do not appear in rank order; that is, any individual on the roster may be appointed. Upon appointment, the employee must serve an appropriate probationary period. Reemployment rosters consisting of former permanent employees must be used to fill positions for which no preferred lists exist before placement rosters, eligible lists or other methods of appointment may be used.
 
 


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