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State Personnel Management Manual
Advisory Memorandum # 02-03

2200 Separations and Leaves
August 30, 2002

TO: Department and Agency Personnel, Human Resource and Affirmative Action Offices
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 agreements.

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.

  1. "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.

  1. "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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