2023 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.