New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 25 - Career Service › Section 25.22 - Probation

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Probationary term.
(1) Except
					 as otherwise provided every permanent appointment from an open competitive list
					 and every original appointment to the noncompetitive, exempt or labor class
					 shall be subject to a probationary term of not less than 26 nor more than 52
					 weeks. This probationary term also shall apply to each appointment to a
					 position in which the appointee is not under the regular supervision of the
					 appointing authority until the completion of prescribed schooling or off-
					 the-job training; provided, however, that such probationary term, in this case,
					 shall commence after the successful completion of such training.
(2) Except as otherwise
					 provided, every promotion to a position shall be subject to a probationary term
					 of not less than 12 weeks nor more than 52 weeks. For the purposes of this
					 subdivision, the term promotion shall include the appointment of an employee to
					 a higher-grade position in the noncompetitive, exempt or labor class.
(3) Every transfer and
					 reassignment, as defined in section
					 25.26 of this Part, to a position
					 shall be subject to a probationary term of not less than 12 weeks nor more than
					 52 weeks, provided, however, (i) that this paragraph shall apply to a
					 reassignment only where the reassignment is to a court under the supervision of
					 a different Administrative Judge, and (ii) that the appointing authority having
					 jurisdiction over a position to which transfer or reassignment is sought may
					 elect to waive the probationary term required for such position.
(4) The Chief Administrator of
					 the Courts may establish, for specified titles, shorter periods of probation
					 for promotions, transfers and reassignments than those set forth in paragraphs
					 (2) and (3) of this subdivision.
(5)
(i) An appointment, promotion, transfer
					 or reassignment shall become permanent upon the retention of the probationer
					 after completion of the maximum period of service of the probationary term or
					 upon earlier written notice, following completion of the minimum period, that
					 the probationary term is successfully completed, or, in the case of a transfer
					 or reassignment, upon written notice that the appointing authority has elected
					 to waive the serving of the probationary term.
(ii) If the conduct or performance of a
					 probationer is not satisfactory, his or her employment from such position may
					 be terminated at any time after eight weeks and before completion of the
					 maximum period of service, provided that the appointing authority may, in his
					 or her discretion, and with notice to the probationer prior to the end of the
					 probationary term, extend the probationary period for an additional term of not
					 less than 12 nor more than 26 weeks in a different assignment, in which case
					 the appointment may be made permanent at any time after completion of 12 weeks
					 of service, or the employment terminated at any time after the completion of
					 eight weeks of service, and on or before the completion of 26 weeks of
					 service.
(iii) The
					 probationer's supervisor shall carefully observe the probationer's conduct and
					 performance and, at least two weeks prior to the end of the probationary term,
					 shall report thereon in writing to the appointing authority or his or her
					 designee. The supervisor shall also, from time to time during the probationary
					 term, advise the probationer of his or her status and progress. A probationer
					 whose services are to be terminated for unsatisfactory service shall receive
					 written notice at least one week prior to such termination and, upon request,
					 shall be granted an interview with the appointing authority or his or her
					 representative.