Title 4 Part 5

In addition to the conditions and limitations pre scribed by statute or in other provisions of these rules, transfers shall be subject to the following requirements:

Except for reassignment under a reassignment list program approved by the Department of Civil Service, and except for transfer or reassignment pursuant to section 5.8 of this Part, a person appointed to a position in the State service in any particular geographical area may not, for at least one year, be transferred or reassigned to a similar position in another geographical area unless he is reachable for appointment to such other position from the eligible list from which appointed.

A transfer may be allowed from a position in one civil division to a position in another civil division under the jurisdiction of the Civil Service Department, provided the prospective transferee meets applicable residence requirements, if any, for the position to which transfer is sought and provided such prospective transferee at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought. A transfer may also be allowed from a position in one such civil division to a position in another such civil division whenever a competitive examination for the latter position in which the prospective transferee was eligible to compete has failed to produce sufficient eligibles to fill all vacancies in the position to which transfer is sought.

Not withstanding the provisions of subdivisions (d), (e) and (f) of this section, employees in the service of New York City or of any county wholly included within such city, or in the State service where the compensation of their positions is paid directly from the treasury of such city, may be transferred to similar and corresponding positions interchangeably. Any such transfer shall require the approval of the State Civil Service Department and the department of personnel of such city.

This section shall apply to all employees subject to the provisions of this Part, except employees subject to the attendance rules for employees in New York State depart ments and institutions, Chapter II of this Title as adopted October 24, 1956, and approved October 25, 1956, effective January 3, 1957, and as amended from time to time thereafter.

A permanent employee, or an employee holding a position by permanent or temporary appointment who requests leave because of pregnancy or childbirth, may, in the discretion of the appointing authority, be granted a leave of absence from his position, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served. For the purposes of this section, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.

Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to subdivision (b) of this section, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for six months immediately preceding the subsequent leave of absence.

Except as otherwise provided herein, every resignation shall be in writing.

If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in a resignation, it shall take effect on such specified date. However, if a resignation is submitted while the employee is on leave of absence without pay, such resignation, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such absence. Notwithstanding the provisions of this subdivision, when charges of incompetency or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges and, in the event that such employee is found guilty of such charges and dismissed from the service, his termination shall be recorded as a dismissal rather than as a resignation.

A resignation may not be withdrawn, cancelled or amended after it is delivered to the appointing authority, without the consent of the appointing authority.

A permanent employee who has resigned from his position may be reinstated, without exami nation, within one year from the date of such resignation in the position from which he resigned, if then vacant, or in any vacant position to which he was eligible for transfer or reassignment. In computing the one-year period within which a person may be reinstated after resignation, the day the resignation takes effect, any time spent in active service in the military or naval forces of the United States or of the State of New York, and any time served in another position in the civil service of the same governmental jurisdiction shall not be counted. In an exceptional case, the commission may, for good cause shown and where the interests of the government would be served, waive the provisions of this section to permit the reinstatement of a person to his former position more than one year after resignation. For the purpose of this section, where an employee on leave of absence resigns, such resignation shall be deemed effective as of the date of the commencement of such leave.

In connection with the suspension, demotion and displacement of competitive class employees authorized by section 80 of the Civil Service Law, the following terms shall mean:

An appointing authority may take such steps as it may deem necessary in order to secure binding written commitments in advance of suspension, demotion or displacement from employees potentially affected by such suspension, demotion or displacement as to their willingness to accept reassignment or displacement.

When two or more permanent incumbents of positions in a specific title are suspended, demoted or displaced at the same time, the order in which they shall be entitled to displace shall be determined by their respective retention standing, with those having the greater retention standing entitled to displace first. This principle shall apply to both vertical bumping and retreat.

The refusal or failure of a person to accept appointment to a lower grade position to which he is entitled through displacement shall not affect his right to be placed on a preferred list for the position from which he was suspended, demoted or displaced.

A permanent incumbent who has been suspended or displaced shall be allowed to retreat to a position in which he last served even though the title of such position has been changed; provided, however, that there has been no substantial change in duties.

(Pursuant to the authority to provide adjunctive opportunities for displacement granted by subdivision 6 of section 80 of the Civil Service Law.) If a permanent incumbent of a position in the State service is suspended or displaced from a position in a title for which there are no lower level occupied positions in direct line of promotion, he shall displace the incumbent with the least retention right, pursuant to subdivisions 1 and 2 of section 80 of the Civil Service Law, who is serving in a position in the title with a lower salary grade in which the displacing incumbent last served on a permanent basis prior to service in one or more positions in the title from which he is suspended or displaced, if:

In connection with the suspension, demotion and displacement of noncompetitive class employees authorized by section 80-a of the Civil Service Law, the following terms shall mean:

An appointing authority may take such steps as it may deem necessary in order to secure binding written commitments in advance of suspension, demotion or displacement from employees potentially affected by such suspension, demotion or displacement as to their willingness to accept reassignment or displacement.

When two or more permanent incumbents of positions in a specific title are suspended, demoted or displaced at the same time, the order in which they shall be entitled to displace shall be determined by their respective retention standing, with those having the greater retention standing entitled to displace first.

The refusal or failure of a person to accept appointment to a lower grade position to which he is entitled through displacement shall not affect his right to be placed on a preferred list for the position from which he was suspended, demoted or displaced.

A permanent incumbent who has been suspended or displaced shall be allowed to retreat to a position in which he last served even though the title of such position has been changed; provided, however, that there has been no substantial change in duties.

(Pursuant to the authority to provide adjunctive opportunities for displacement granted by subdivision 4 of section 80-a of the Civil Service Law.) A permanent incumbent having tenure protection, pursuant to paragraph (c) of subdivision 1 of section 75 of the Civil Service Law, who served in a position in State service and who was suspended or displaced from such position, pursuant to section 80-a of the Civil Service Law, shall displace the incumbent with the least retention right, pursuant to subdivisions 1 and 2 of such section, who is serving in a position in the title with a lower salary grade in which the displacing incumbent last served on a permanent basis prior to service in one or more positions in the title from which he is suspended or displaced, if:

The failure or refusal of a person on a reemployment list after reasonable notice to accept appointment therefrom to his/her former position, or any comparable position in the same salary grade for which such list is certified, shall be deemed to be a relinquishment of his/her eligibility for appointment, and his/her name shall thereupon be removed from such reemployment list as determined by the Department of Civil Service. The name of such person may be restored to such reemployment list, and certified to fill such appropriate vacancies as may thereafter occur, only upon the request of such person and his/her submission of reasons satisfactory to the Department of Civil Service for his/her previous failure or refusal to accept appointment.

Notwithstanding the provisions of subdivision (b) of this section, a person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a different geographic location than that of his/her former position. In such event, however, the name of such person may be withheld from further certification for appointment to such other vacancies as may occur in such other geographic location.

A person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a lower salary grade than the position from which he/she was suspended, demoted or displaced. The name of such person may be withheld from further certification for appointment to a position in the same or a lower salary grade than the position to which he/she failed or refused to accept appointment.

The restoration of the name of a person to a reemployment list, or his/her restoration to eligibility for certification therefrom to positions in any particular geographic location or to positions in a lower salary grade than his/her former position, shall not invalidate or in any manner adversely affect any appointment, promotion, reinstatement, displacement or demotion previously made to any position to which such person would otherwise have been eligible for appointment from such reemployment list.

Where it is known or expected by a department or agency of the State that permanent employees may be affected by an abolition, reduction, or movement of positions to a different location, pursuant to sections 80 and 80-a of the Civil Service Law, the head of such department or agency shall give notice thereof to the Department of Civil Service and shall submit to such department the names and titles of permanent employees expected to be affected. If a placement roster is created, the following principles shall apply:

These rules shall govern procedures for restoration to duty from workers' compensation leave, termination of service upon exhaustion or termination of workers' compensation leave, reinstatement to service, or entitlement to placement upon a preferred eligible list, for all State employees who are subject to section 71 of the Civil Service Law.

After notice that payment of compensation has begun, and no later than the 21st day of absence due to an occupational injury or disease as defined in the Workers' Compensation Law, the appointing authority shall notify the employee in writing of the effective date of beginning of that leave; the right to leave of absence from the position during continued disability for one year unless extended; the right to apply to the appointing authority to return to duty pursuant to subdivision (d) of this section at any time during the leave; the right to a hearing to contest a finding of unfitness for restoration to duty; the termination of employment as a matter of law at the expiration of the workers' compensation leave; and the right thereafter to apply to the Civil Service Department within one year of the end of disability for reinstatement to the position if vacant, to a similar position, or to a preferred list pursuant to section 71 of the Civil Service Law and subdivision (e) of this section.

If the appointing authority has not rendered a decision prior to the expiration of the workers' compensation leave, and except to the extent that delay has been occasioned by any action or inaction on the part of the employee, that leave shall be extended to include the date of decision by the appointing authority.

The decision of the commission shall be final, subject only to judicial review pursuant to article 78 of the Civil Practice Law and Rules.

In instances where an agreement between the State of New York and an employee organization provides for the establishment of a redeployment list and/or other benefits as authorized by section 79 of the Civil Service Law, the provision of said agreement shall be extended to State employees who are excluded from collective negotiating units.