GENERAL INFORMATION BULLETIN NO. 85-08

OCTOBER 15, 1985

TO: Department and Agency Personnel Officers

FROM: Robert Parrish

SUBJECT: Reconstructed Seniority Date Request Procedures

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Commissioner Burstein recently advised you about amendments to the Civil Service Law which change the manner in which seniority for layoff purposes is calculated (Policy Bulletin No. 85-03, issued September 19, 1985).

Sections 80.3 and 80-a.3 are effective on and after October 17, 1985. These Sections provide that an individual who has resigned and who is permanently reinstated or reappointed within three years, will retain full seniority credit for layoff purposes for the period of service rendered prior to leaving State employment. If an individual returns after three years of absence, there will be a pro-rata reduction from seniority credit for any time out of service exceeding three years (Example: 7 years previous service, 4 1/2 years absence, 5 1/2 years seniority credit upon return).

The following conditions must be met for the appointee to be entitled to restoration of either full or partial seniority and a corresponding reconstructed seniority date:

1. The individual must have had previous permanent status in the classified service.
2. The individual must reenter either the competitive or non-competitive class* on a permanent/contingent permanent basis.
3. The individual must reenter service on or after October 17, 1985. The Law will not be applied to individuals who have already returned to service.

[*By negotiated agreement this applies to the Labor class, as well.]

NOTES: The Civil Service Commission must approve reinstatement without further examination, of individuals who are returning to service after an absence of one year or more. (Rule 5.4 of the Classified Service Rules).

If an individual's absence, minus three years, is greater than the amount of previous service, there will be no creditable service, and the appointee will not be entitled to a reconstructed seniority date.

Agencies are responsible for identifying those individuals who potentially may be entitled to a reconstructed date. The Department of Civil Service will verify eligibility and calculate the reconstructed date. In this regard, Form S-202, Request for Reconstructed Seniority Date has been developed. The Form is a turnaround document for use by agencies in requesting a reconstructed date and will be returned to the requesting agency once the individual's previous service has been verified and a reconstructed date calculated. The procedures outlined below are based on the assumption that appointment transactions will be processed prior to verification and calculation of reconstructions.

The following general procedures will apply:

I. For List Appointment or Appointment to a Non-Competitive Class
Position [or Labor Class Position]

1. Agency submits Form S-202, Request for Reconstructed Seniority Date to the Employment Records Section of the Department of Civil Service. Agency processes the Phi-75 reporting the appointment and notes that verification/calculation of reconstructed seniority date will be requested.
2. The Employment Records Section will verify/calculate the reconstructed seniority date and update the individual's employment records maintained in the Automated Position Personnel System (APPS).
3. The S-202 will be returned to the requesting agency for update of agency records and notification to the employee. (Since APPS will already have been updated, agencies will not have to submit an additional payroll transaction form).

II. For Reinstatement Under Rule 5.4

1. Agency forwards S-202 to Staffing Services Section with the request for Commission approval of the reinstatement.
2. The Staffing Services Section will notify the agency and Employment Records of Commission approval and the applicable effective date. Agency processes PR-75 reporting the permanent reinstatement.
3. The Employment Records Section will verify/calculate the reconstructed seniority date and update the individual's employment records maintained in APPS. The S-202 will be returned to the requesting agency for update of agency records and notification to the employee. (Since APPS will already have been updated, agencies will not have to submit an additional payroll transaction form.)

A small supply of forms is being transmitted with this memo to personnel officers. Additional copies of the form can be obtained by either writing or calling our Supply Room at (518) 457-4496.

Please direct any questions you have to your Staffing Services Representative.

(signed) Robert Parrish
Deputy Director for the Bureau of Staffing Services

cc: Affirmative Action Officers

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