NY Civ Serv L § 64 (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title B - Appointment and Promotion 64 - Temporary Appointments.

§ 64. Temporary  appointments. 1. Temporary  appointments  authorized; duration.   A temporary  appointment  may  be  made  for  a  period  not exceeding  three  months when the need for such service is important and urgent.  A temporary appointment may be  made  for  a  period  exceeding three months under the following circumstances only:  (a)  when  an  employee  is  on  leave of absence from his position, a temporary appointment to such position may be  made  for  a  period  not exceeding the authorized duration of such leave of absence as prescribed by statute or rule;  (b) a temporary appointment may be made for a period not exceeding six months  when  it  is  found  by  the  state  civil service department or appropriate municipal civil service commission, upon due  inquiry,  that the  position to which such appointment is proposed will not continue in existence for a longer period; provided, however, that where a temporary appointment is made to a position originally expected to  exist  for  no longer  than  six months and it subsequently develops that such position will remain in existence beyond such six-month  period,  such  temporary appointment  may  be  extended,  with  the  approval  of the state civil service  department  or  municipal  civil  service   commission   having jurisdiction,  for  a  further  period  not  to exceed an additional six months;  (c) when the department of  civil  service  or  appropriate  municipal civil  service  commission  of  any city containing more than one county finds that a reduction or abolition of positions in the state service or such city service is planned or imminent  and  that  such  reduction  or abolition  of  positions  will  probably  result  in  the  suspension or demotion of permanent  employees,  such  department  or  commission  may authorize  temporary  instead of permanent appointments to be made for a period not exceeding one year in positions in state service or such city service to which permanent employees to be affected by such abolition or reduction of positions will be eligible for transfer or reassignment.   Successive temporary appointments  shall  not  be  made  to  the  same position  after  the expiration of the authorized period of the original temporary appointment to such position.   2. Temporary appointments from eligible lists. A temporary appointment for a period not exceeding three months may be made  without  regard  to existing  eligible lists. A temporary appointment for a period exceeding three months but not exceeding six months may be by the selection  of  a person  from  an appropriate eligible list, if available, without regard to the relative standing of  such  person  on  such  list.  Any  further temporary  appointment  beyond  such  six  month period or any temporary appointment originally made for a period exceeding six months  shall  be made by the selection of an appointee from among those graded highest on an appropriate eligible list, if available.   3.  Temporary  appointments  without examination in exceptional cases. Notwithstanding the provisions of  subdivisions  one  and  two  of  this section,  the  civil  service  department or municipal commission having jurisdiction may authorize a temporary appointment, without examination, when  the  person  appointed  will  render   professional,   scientific, technical  or other expert services (1) on an occasional basis or (2) on a  full-time  or  regular  part-time  basis  in  a  temporary   position established  to  conduct  a  special  study  or project for a period not exceeding eighteen months. Such appointment may be authorized only in  a case where, because of the nature of the services to be rendered and the temporary  or  occasional  character  of  such services, it would not be practicable to hold an examination of any kind.   4. The state and municipal civil service  commissions  may,  by  rule, provide  for  the extension of some or all of the rights and benefits of  permanent status to an employee who  is  appointed  or  promoted,  after having  qualified  therefor in the same manner as required for permanent appointment or promotion, to a position left temporarily vacant  by  the leave  of  absence  of the permanent incumbent thereof.  Such rights and benefits shall be subject to such conditions and limitations as  may  be prescribed in the rules.