NEW YORK STATE DEPARTMENT OF CIVIL SERVICE
State Personnel Management Manual
Advisory Memorandum # 02-03
TO: Department and Agency Personnel, Human Resource and Affirmative
FROM: William E. Doyle, Director of Staffing Services
SUBJECT: Leaves of Absence for Non-Competitive Class Employees
Policy Bulletin #98-02, issued
December 29, 1998, entitled "Leaves Without Pay" in this section
specifies those appointment types and employees which must be given a
leave of absence under what limits pursuant to our rules and negotiated
One of the tables in this bulletin concerns "Permanent Appointment
to a Non-Competitive Class Position". Two notes should be made
on this table, and/or the table should be cross referenced to this memorandum.
- "The above applies as well to non-competitive class employees
appointed pursuant to §55-c, and to those who are currently serving
in policy influencing / confidential (Ø) [phi] positions or who
may be appointed to such positions."
Explanation: Neither our rules nor the articles of the contracts
which concern leaves distinguish between the appointment methods for non-competitive
class employees. Nor do they distinguish between positions which are designated
as 'policy influencing / confidential' (Ø) [phi] and those that
are not so designated. While some non-competitive class employees may
be ineligible for tenure under §75, they must still be given a leave
of absence if they meet all other criteria.
- "Note however, that non-competitive class employees appointed
pursuant to §55-b must be given a leave when appointed to ANY OTHER
55-b position. See Policy Bulletin #87-01
in 1805(B) Permanent/Non-Competitive, issued, February 5, 1987"
Explanation: This bulletin transmitted the guidelines and procedures
for employment of persons with disabilities pursuant to §55-b of
the Civil Service Law. Paragraph III. B. of that bulletin provides for
this leave of absence.
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