New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.11 - Contingent permanent appointments to encumbered positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A position in the competitive,
				non-competitive or labor class which is temporarily vacant by reason of the
				leave of absence of the permanent incumbent, may be filled on a contingent
				permanent basis through transfer, reinstatement, reassignment or appointment
				from an appropriate eligible or reemployment list.
(b) An employee appointed on a contingent
				permanent basis shall have all the rights and benefits of a permanent
				appointment; provided, however, that, in the event of the return from leave of
				absence of the permanent incumbent, such contingent permanent employee shall
				displace; first, any temporary or provisional employee serving in the same
				title and work location under the jurisdiction of the same appointing
				authority; and second, the contingent permanent employee with the most recent
				contingent permanent appointment date serving in the same title and work
				location under the jurisdiction of the same appointing authority. Where there
				are no opportunities for displacement as provided herein, such contingent
				permanent employee may return to the position from which he or she is on leave,
				if any, and shall have his or her name entered on the appropriate reemployment
				lists for the title held on a contingent permanent basis. Additionally, such
				employee may request to have his or her name restored to the eligible list or
				reemployment list, if any, from which the contingent permanent appointment was
				made, if such list is still in existence.
(c) Upon a vacancy in an unencumbered
				position, which is in the same title and work location and under the
				jurisdiction of the same appointing authority, the contingent permanent
				employee with the earliest date of contingent permanent appointment shall be
				permanently appointed to such position.
(d) The appointing authority shall, at the
				time of appointment, advise an employee appointed to a position on a contingent
				permanent basis, in writing, that their continuous service in such position is
				contingent upon the continuing leave of absence of the prior permanent
				incumbent. Further, permanent contingent appointees must be advised of their
				right to a leave of absence, if any, and to permanent appointment, as provided
				in subdivision (c) of this section.
(e) Leaves of absence.
(1) A permanent employee who receives a
				contingent permanent appointment to a position under the jurisdiction of the
				same appointing authority shall be entitled to a leave of absence from his or
				her permanent position for the duration of such contingent permanent
				appointment; provided, however, that upon successful completion of the
				probationary period in the contingent permanent position, he or she may return
				to such permanent position only upon the return of the permanent incumbent, and
				there are no displacement opportunities as provided for in subdivision (b) of
				this section.
(2) A permanent
				employee who receives a contingent permanent appointment to a position under
				the jurisdiction of a different appointing authority shall be entitled to a
				permanent appointment to a position in his or her former title under the
				jurisdiction of such appointing authority, upon successful completion of the
				probationary period, if available at that time or at any time during the
				contingent appointment, from which he or she shall be provided with a leave of
				absence for the duration of their contingent permanent appointment; provided,
				however, he or she may return to such permanent position only upon the return
				of the permanent incumbent, and there are no displacement opportunities as
				provided for in subdivision (b) of this section.
(3) A contingent permanent employee may be
				given a leave of absence from his or her position. If the permanent incumbent
				returns to the position during the leave of absence of the contingent permanent
				employee, the right of the contingent permanent employee to return to such
				position is extinguished and such employee shall have the displacement and
				reemployment rights provided for in subdivision (b) of this section.