TO: Department and Agency Personnel Officers
SUBJECT: Seniority for Layoff Purposes ["Reconstructed Seniority Dates"]
Governor Cuomo has signed into law this Department's legislative proposal changing the way seniority for layoff purposes is calculated pursuant to Sections 80 and 80-a of the Civil Service Law (Chapter 360 of the Laws of 1985).
Under this new act, an individual who has resigned, and who is permanently reinstated or reappointed within three years, will retain full seniority credit for the period of service rendered prior to leaving State employment. If the individual returns after three years, there will be a pro-rata reduction from seniority credit for any time out of the service exceeding three years (example: 7 years previous service, 4- 1/2 years absence, 5 1/2 years seniority credit upon return).
Only persons who had permanent status in the classified service before separation will be eligible for such a reconstructed seniority date.
Therefore, at the time of appointment, agencies must determine whether or not the appointee previously held permanent status in the classified service and the dates of that previous employment. Agencies should confirm the appointee's surname at the time of previous employment, in the event it has changed.
We will shortly provide you with a form on which to collect this information. Once completed, it is to be forwarded to the Employment Records Section of this Department. After we verify the information, we will reconstruct the appointee's continuous service date. The appointee's personnel and history records (maintained in APPS) will then be posted with that reconstructed date and agencies will be notified of it so that they may conform agency records and inform the employee.
This measure will apply to every individual reinstated or reappointed in the competitive or non-competitive classes* on or after October 17, 1985. Until then, those returning after a break in service of one year or more will continue to lose all seniority credit for layoff purposes.
[*By negotiated agreement this applies to the Labor class, as well.]
The statute does not affect current Attendance Rules provisions on the crediting of prior service nor our present practices on the crediting of seniority for examinations.
(signed) Karen S. Burstein
cc: Affirmative Action Officers