Title 4 Part 4

The Civil Service Department may require that permanent appointments or promotions to designated positions shall be conditioned upon the satisfactory completion of a term of service as a trainee in such a position or in an appropriate, lower, training title or the completion of specified training or academic courses, or both. The period of such term of training service shall be prescribed by the department. Upon the satisfactory completion of such training term, and of specified courses if required, an appointee shall be entitled to full permanent status in the position for which appointment was made. Any appointment hereunder shall be subject to such probationary period as is prescribed in these rules. Also, the employment of such person may be discontinued at the end of the term of training service if his conduct, capacity or fitness is not satisfactory, or at any time if he fails to pursue or continue satisfactorily such training or academic courses as may be required.

promotion shall include the appointment of a noncompetitive class employee to a higher grade position in the noncompetitive class, as well as the appointment of a noncompetitive class employee to a competitive class position in instances where such appointment was made from a promotional list established as a result of a competitive examination and said employee was admitted to such examination in accordance with law. Where a noncompetitive class employee who has completed probation in his or her current position, is being appointed to another noncompetitive position at the same or a lower salary grade, the appointing authority may, at the time of such appointment and with the consent of the employee, waive the probationary period.

interinstitutional transfer means a transfer from a position in one State institution to a position in another State institution in the same department, or from a noninstitutional position in a State department to a position in an institution under the jurisdiction of such department, or vice versa. With respect to interinstitutional transfers in the Department of Health, the following shall be deemed separate and distinct appointing authorities, thereby making such transfers subject to probationary periods prescribed by this section: Central office, including the regional and district offices Helen Hayes Hospital New York State Veterans' Homes (Oxford, Batavia, St. Albans and Montrose)

The probationary term for a trainee appointment or trainee promotion shall coincide with the term of training service, except where an appointment from an open-competitive list can be made to either the trainee or journey level position; in that case, the probationary period for the trainee appointment will be from 26 to 52 weeks or the length of the training period, whichever is greater.

If the conduct or performance of the probationer is not satisfactory, his employment may be terminated at any time after the completion of a specified minimum period of service and on or before the completion of the term of training service. Such specified minimum period of service, unless otherwise prescribed in the announcement of examination, shall be eight weeks.

A probationer shall be eligible for transfer; provided, however, that upon such transfer he shall serve a complete probationary period in the new position in the same manner and subject to the same conditions as required upon his employment in the position from which transfer is made.

When a permanent employee is promoted or transferred to a position in which he is required to serve a probationary term, the position thus vacated by him shall not be filled, except on a temporary basis, during such probationary term. At any time during such probationary term the employee shall have the right, upon reasonable notice, to return to his previous position at his own election. If the conduct or performance of the probationer is not satisfactory, he shall be restored to his former permanent position at the end of this probationary term.

An employee who is reinstated to a position in accordance with section 5.4 of this Title, either in his former agency or another agency, shall serve a new probationary period in the same manner and subject to the same requirements as apply hereunder upon original appointment to such position.

Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term, or aggregating up to 20 workdays if the probationary term or maximum term exceeds 26 weeks, may, in the discretion of the appointing authority, be considered as time served in the probationary term. When the probationary term for a trainee appointment or trainee promotion exceeds one year, any periods of authorized or unauthorized absence in such probationary term aggregating up to 20 workdays multiplied by the number of years, including a fraction of a year, constituting the probationary term, may in the discretion of the appointing authority, be considered as time served in the probationary term. Any such periods of absence not so considered by the appointing authority as time served in the probationary term, and any periods of absence in excess of periods considered by the appointing authority as time served in the probationary term pursuant to this subdivision, shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of his absence which, pursuant to this subdivision, are not counted as time served in the probationary term.

A probationer whose employment is terminated or who resigns before the end of his probationary term may request that his name be restored to the eligible list from which he was appointed, provided such list is still in existence. His name may be restored to such list if the Department of Civil Service, after due inquiry, determines that the probationer's service was such that he should be given a second opportunity for appointment.

When an employee who has not completed his probationary term is appointed on a temporary or provisional basis to a higher level position, the period of temporary or provisional service rendered by such employee in such higher level position may, in the discretion of the appointing authority, be considered as satisfactory probationary service in his lower position and may be counted as such in determining the satisfactory completion of such probationary term.

At any time after the expiration of the minimum period of the probationary term, or the entire probationary term if it be one of fixed duration, the appointing authority shall, on request of such probationer, furnish his decision in writing as to whether or not service in such higher level position shall be considered as satisfactory probationary service. In the event of an adverse decision by the appointing authority, such probationer, at his request, shall be returned to his lower position for sufficient time to permit him to complete his probationary term. The employment of such a probationer in his lower position shall not be terminated at the end of his probationary term on account of unsatisfactory service unless he shall have actually served in such position, in the aggregate, at least a period of eight weeks.

Nothing contained in this section shall be construed to limit or otherwise affect the authority of an appointing authority, at any time during the probationary term, to remove a probationer for incompetency or misconduct, under section 75 of the Civil Service Law or an agreement negotiated between the State and an employee organization pursuant to article 14 of such law.

When an emergency requires that a position be filled pending appointment from a list or after noncompetitive examination, the appointing authority may fill the vacancy, and shall report the name of the appointee forthwith to the Department of Civil Service. Such appointment shall not continue longer than one month without approval of such continuance by the Civil Service Department.

The acceptance by an eligible of a temporary appointment shall not affect his standing on the eligible list for a permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in the event of subsequent permanent appointment.

When a permanent competitive class employee is given a temporary provisional or trainee appointment or promotion to another competitive class position in the same department or agency, or is given a trainee promotion to a position in another agency, or is promoted on a temporary basis to a higher grade position in another department or agency in which he will be eligible, after six months service, for contingent permanent status as provided in section 4.11 of this Part, he shall be deemed to be on leave of absence from his permanent position for the period of his service under such temporary, provisional or trainee appointment or promotion. He shall be entitled to return to his permanent position upon the termination of such temporary, provisional or trainee service. An employee who voluntarily elects to relinquish his temporary, provisional or trainee status and return to his permanent position shall give reasonable notice thereof to the appointing officer having jurisdiction over his permanent position.