reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.13 - Leave for civil defense duties

Current through Register Vol. 46, No. 28, July 10, 2024
Upon certification by the State Director of Civil Defense
						of the necessity for the participation in State or local civil defense drills
						of an employee enrolled as a civil defense volunteer and required to perform
						civil defense duties pursuant to the New York State Defense Emergency Act, the
						appointing authority may allow such employee to be absent, without loss of pay
						or charge against leave credits, for such time as is necessary for
						participation in such drills, but not exceeding cumulatively five workdays per
						calendar year.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.14 - Leave for professional meetings

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to prior approval by the appointing authority,
						each employee may be allowed time off without charge to leave credits to attend
						conferences or seminars of recognized professional organizations, such
						conferences or seminars to be directly related to the employee's profession or
						professional duties. Requests for such leave may be approved to the extent that
						such absence would not interfere with the proper conduct of governmental
						functions.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.15 - Leave for professional examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon proper advance notice, an employee
					 may be allowed leave with pay without charge to leave credits for the purpose
					 of participating in one professional examination each year in such employee's
					 discipline. In the event such examination is administered in several parts, the
					 several parts shall be considered a single examination. Absence required for
					 travel shall be charged to appropriate leave credits.
(b) If an employee is scheduled to work on a
					 shift which ends within eight hours of commencement of such professional
					 examination, the appointing authority may adjust the employee's work schedule
					 or allow leave with pay charged to appropriate leave credits for part or all of
					 such work shift.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.16 - Retroactive time credits

Current through Register Vol. 46, No. 28, July 10, 2024
Except for the provisions of sections
						28-1.2(i)  and
						28-1.3(h) of this
						Subpart, granting vacation and sick leave credits for the nine months'service
						preceding the date on which an employee becomes subject to this Chapter,
						nothing herein contained shall be construed to provide for the granting of
						retroactive vacation, sick leave or other time credits to any per diem or
						hourly paid employee for service rendered prior to August 14,
						1958.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.18 - Exhaustion of military leave with pay

Current through Register Vol. 46, No. 28, July 10, 2024
Upon exhaustion of military leave with pay provided
						pursuant to section 242 of the New York State Military Law, an employee holding
						a position designated as overtime ineligible may be granted leave with pay
						without charge to leave credits for any period(s) of less than a workweek
						during which such employee is ordered to temporary military
						duty.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-1 - Absence with Pay › Section 28-1.19 - Paid Parental Leave

Current through Register Vol. 46, No. 28, July 10, 2024
(1) Employees
					 shall be granted up to twelve weeks of paid leave without charge to accruals
					 for each qualifying event, defined as the birth of a child or placement of a
					 child for adoption or foster care. Paid parental leave begins on the date of
					 birth, the day of adoption or foster care placement or anytime thereafter
					 within seven months. An employee's eligibility to use paid parental leave ends
					 seven months from the date of the qualifying event.
(2) Paid parental leave is available for use
					 once every twelve-month period.
(3)
					 Employees using paid parental leave are deemed to be in leave without pay
					 status for attendance and leave purposes.
(4) Paid parental leave must be taken in a
					 single block of time and cannot be used intermittently. If an employee returns
					 to work after using less than the full twelve week grant of paid parental
					 leave, the employee can no longer use any paid parental leave for the same or
					 another qualifying event within the same twelve month period, as computed from
					 the date of the original qualifying event.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-2 - Absence with Pay for Illness/Disability for Certain Managerial/Confidential Employees › Section 28-2.1 - Sick leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective
					 January 1, 1986, this section shall apply to all appointees not subject to the
					 provisions of section
					 28-1.3 of this Part.
(b) Sick leave is absence with pay
					 necessitated by the illness or disability of the employee, including illness or
					 disability caused by pregnancy or childbirth.
(c) Employees who are on the payroll on the
					 date on which sick leave credits are otherwise to be granted shall be entitled
					 to eight days of sick leave credits for each 12 months of service up to a total
					 of 200 days. Effective January 1, 2000, up to 200 days of such credits may be
					 used to pay for health insurance in retirement in accordance with section
					 167
					 (4) of the Civil Service Law. Such sick leave
					 shall be credited as follows:
(1) Four days
					 of sick leave credits upon completion of six months of State service and four
					 days of such credits following completion of each six additional months of
					 State service; provided, however, that any eligible employee electing to
					 participate in the Income Protection Plan pursuant to Part 78 of this Title
					 (President's Regulations) shall immediately receive four days of such sick
					 leave credit on the effective date of such election.
(2) Part-time employees shall be granted sick
					 leave credits not to exceed four days following completion of each six months
					 of State service which credits shall be prorated based on the percentage of
					 full-time service such employee is scheduled to work on each sick leave grant
					 date.
(3) Employees who are not in
					 pay status on a date on which such sick leave would otherwise be credited,
					 shall be entitled to receive such sick leave credit on the date they return to
					 pay status and the date on which such sick leave credits are to be thereafter
					 credited shall be revised accordingly.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart governs the transfer of vacation credits to
						eligible employees, as defined herein, for use for absences in connection with
						an illness or disability which did not arise in connection with such
						individual's employment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.2 - Eligibility to receive donated credits

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be eligible to receive donated credits an
						employee must be subject to this Part and eligible to earn leave accruals, must
						be absent due to a nonoccupational personal illness or disability for which
						medical documentation satisfactory to management is submitted as required, must
						have exhausted all leave credits and must be expected to be absent for at least
						two biweekly payroll periods following exhaustion of leave credits or sick
						leave at half-pay. The employee must not have had any disciplinary actions or
						unsatisfactory performance evaluations within his/her last three years of State
						employment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.3 - Use of donated leave credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 employees subject to the sick leave provisions of Subpart 28-1 of this Part,
					 donated credits may be used at employee option either in full day units
					 following exhaustion of all available leave credits and prior to any sick leave
					 at half-pay available to the employee pursuant to section
					 28-1.5 of this Part or in either
					 full-day or half-day units following exhaustion of all available leave credits
					 and any sick leave at half-pay available to the employee pursuant to section
					 28-1.5 of this Part.
(b) For employees subject to Subpart 28-2 of
					 this Part, donated credits may be used in full-day units after all available
					 leave credits are exhausted and prior to receipt of any disability benefits
					 available to the employee pursuant to that Subpart.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.4 - Eligibility to earn accruals

Current through Register Vol. 46, No. 28, July 10, 2024
Employees absent while charging donated leave credits
						pursuant to this Subpart shall not earn vacation and sick leave, shall not be
						granted personal leave and shall not be eligible to observe holidays. Absences
						charged to donated leave credits shall be treated as leave without pay for
						purposes of calculating vacation and personal leave anniversary
						dates.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.5 - Medical documentation

Current through Register Vol. 46, No. 28, July 10, 2024
Before absence for personal illness may be charged
						against donated leave credits, the appointing authority may require such proof
						of illness as may be satisfactory to it, or may require the employee to be
						examined, at the expense of the department or agency, by a physician designated
						by the appointing authority. In the event of failure to submit proof of illness
						upon request, or in the event that, upon such proof as is submitted or upon the
						report of medical examination, the appointing authority finds that there is not
						satisfactory evidence of illness sufficient to justify the employee's absence
						from the performance of his/her duties, such absence may be considered as
						unauthorized leave and shall not be charged against donated leave credits.
						Abuse of leave privileges shall be cause for disciplinary
						action.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.6 - Return to work

Current through Register Vol. 46, No. 28, July 10, 2024
The appointing authority may require an employee who has
						been absent because of personal illness charged to donated leave credits, prior
						to and as a condition of return to duty, to be examined, at the expense of the
						department or agency, by a physician designated by the appointing authority, to
						establish that such employee is not disabled from the performance of his/her
						normal duties and that the return to duty will not jeopardize the health of
						other employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.7 - Donation of credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vacation
					 credits may be donated by employees who are subject to this Article and are
					 employed in the same agency as the intended recipient employee. Where an
					 agreement exists between the State and an employee organization, recognized or
					 certified pursuant to article 14 of the Civil Service Law to represent a
					 bargaining unit of State employees, which permits leave donations between
					 employees of different agencies, the employees subject to this section may
					 donate leave credits to employees eligible to receive donated leave credits who
					 are employed by an agency other than the agency of the donor employee to the
					 extent provided by such agreement.
(b) Limits on donation of credits. Such
					 donations shall not cause the donor employee to have fewer than 10 days of
					 vacation standing to his/her credit upon making such donation. Employees may
					 not donate vacation credits which would otherwise be forfeited.
(c) Return of donated credits. Donated leave
					 credits unused and standing to the recipient employee's credit at time of
					 return to work or separation from State service shall be returned to the
					 employees who donated those unused credits, except that credits donated to an
					 employee employed in an agency other than that of the donor employee will not
					 be returned.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.8 - Donation exchange agreements

Current through Register Vol. 46, No. 28, July 10, 2024
During the effective period of an applicable donation
						exchange agreement between the Governor's Office of Employee Relations and an
						employee organization, recognized or certified pursuant to article 14 of the
						Civil Service Law to represent a bargaining unit of State employees, providing
						for donation of vacation credits, pursuant to an authorized leave donation
						program, to and from employees subject to this Subpart and employees subject to
						the leave donation program for that bargaining unit, such vacation credits may
						be donated by an employee who is subject to this Subpart to the benefit of an
						employee within the bargaining unit so represented, or received by an employee
						subject to this Subpart from an employee within such bargaining unit. Such
						vacation credits shall be donated, transferred and utilized in accord with the
						applicable donation exchange agreement and this Subpart or any such bargained
						program as applicable. Any donation exchange agreement shall be effective upon
						filing with the President of the Civil Service Commission and shall terminate
						10 days after notice in writing by either party is served upon the president
						and the other party to the agreement.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 28 - Absence with Pay › Subpart 28-3 - Absence with Pay for Illness of Certain Managerial/Confidential Employees Charged to Donated Leave Credits › Section 28-3.9 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall not be construed to require extension
						of any employment beyond the time it would otherwise terminate by operation of
						law, rule or regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 29 - Leaves Without Pay › Section 29.1 - Leave of absence; duration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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, 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
				  Part, 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.
(b) This section shall not
				  be construed to require the extension of any employment beyond the time at
				  which it would otherwise terminate by operation of law, rule or
				  regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 29 - Leaves Without Pay › Section 29.2 - Successive leaves of absence

Current through Register Vol. 46, No. 28, July 10, 2024
Where a leave of absence without pay has been granted for a
					 period which aggregates two years, or more if extended pursuant to section
					 29.1 of this Part, a further leave
					 of absence without pay shall not be granted unless the employee returns to
					 his/her position and serves continuously therein for six months immediately
					 preceding the subsequent leave of absence.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 30 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 30.1 - Payment for accruals upon separation

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of separation from State service, an employee,
					 such employee's estate or beneficiary, as the case may be, shall be compensated
					 in cash for overtime credits not in excess of 30 days accrued and unused as of
					 the effective date of separation; and further, except where provision is made
					 for the transfer of leave credits, the employee shall be compensated in cash
					 for vacation credits not in excess of 30 days accrued and unused as of the
					 effective date of separation, except that in the case of resignation, the
					 appointing authority may require, as a condition for such payment, that written
					 notice of such resignation be given to the appointing authority at least two
					 weeks prior to the last day of work. No employee who is removed from State
					 service as a result of disciplinary action, or who resigns after charges of
					 incompetency or misconduct have been served, shall be entitled to compensation
					 for vacation credits under the provisions of this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 30 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 30.2 - Payment for accruals upon entry into armed forces

Current through Register Vol. 46, No. 28, July 10, 2024
An employee on leave on account of entry into the Armed
					 Forces of the United States for active duty (other than for training), as
					 defined by title 10 of the United States Code, may elect to receive
					 compensation in cash for vacation and overtime credits not in excess of 30 days
					 in each category accrued and unused as of the last date on which such
					 employee's name appeared on the State payroll.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 30 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 30.3 - Payment for overtime accruals upon appointment, promotion or transfer

Current through Register Vol. 46, No. 28, July 10, 2024
An employee who is appointed, promoted or transferred from
					 one department or agency to another shall be compensated in cash by the
					 department or agency from which such employee is so appointed, promoted or
					 transferred for such overtime credits, up to 30 days, as cannot be liquidated
					 by compensatory time off prior to such appointment, promotion or transfer. An
					 employee who is appointed, promoted or transferred from one unit or institution
					 to another within the same department or agency in the Office of Mental Health,
					 the Office of Mental Retardation and Developmental Disabilities, the Department
					 of Health, the Department of Correctional Services, or the Division for Youth,
					 or within the State University, shall not be compensated in cash for overtime
					 but such credits shall be transferred to the new unit or institution with the
					 employee.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 30 - Drawing Of Earned Credits Upon Separation Or Entry Into Armed Forces › Section 30.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 31 - Crediting Other Public Employment As State Service › Section 31.1 - Written agreement required for transfer of leave credits

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of applying the provisions of this Chapter,
					 employment in the Executive, Legislative or Judicial branch of State service in
					 positions not subject to this Chapter shall be credited as State service;
					 provided, however, that except as otherwise provided by law, leave credits may
					 not be transferred upon movement from such positions to positions subject to
					 this Chapter except where such credits were earned and accumulated in
					 accordance with attendance and leave regulations which are substantially
					 equivalent to this Chapter, and there is a written agreement between the
					 President of the Civil Service Commission and the agency wherein such credits
					 were earned and accumulated governing the transfer of leave credits upon such
					 movements. Other public employment not subject to this Chapter may be credited
					 as State service for purposes of this Chapter, provided such employment was
					 subject to attendance and leave regulations substantially equivalent to this
					 Chapter, and provided there is a written agreement between the President of the
					 Civil Service Commission and the public agency wherein such employment occurred
					 governing the crediting of such employment as State service and the transfer of
					 leave credits upon movement of employees to and from such agency and positions
					 subject to this Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 32 - Suspension Of Rules › Section 32.1 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
This Article may be suspended in whole or in part, in an
					 emergency, for the duration of same and to an extent made necessary by the
					 nature of the emergency, on approval by the State Civil Service
					 Commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 33 - Applicability › Section 33.1 - To whom rules apply

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise expressly provided in any rule or
					 rules, this Article shall apply to the following employees, designated as
					 managerial/confidential under section
					 201, article
					 14 of the Civil Service Law, who are in the classified service in departments,
					 agencies and institutions in the Executive branch of the State service:
(a) All such employees who are compensated on
				  an annual salary basis.
(b) All
				  such employees compensated on a per diem or hourly basis who are employed on a
				  regularly scheduled workweek of at least 3 3/4 hours per day and five days per
				  week, or who are employed on a regularly scheduled workweek and required to
				  work at least half-time each biweekly pay period, and who have been so employed
				  continuously for nine months without a break in service exceeding one full pay
				  period. Any such person who has completed such nine months of service on or
				  before the effective date of this section shall become subject to this Chapter
				  commencing on the effective date of this section; or, if such person is not in
				  employment status on the effective date of this section, he/she shall be
				  subject to this Chapter commencing on the first day of the payroll period
				  following reinstatement pursuant to law or rules, or on the first day of the
				  payroll period following such reemployment, provided such reemployment occurs
				  within one year after such person's last separation from State service. Any
				  such employee who completes such nine months of service subsequent to the
				  effective date of this section shall become subject to this Chapter commencing
				  on the first day of the payroll period following completion of such service.
				  Such employees shall thereafter continue to be subject to this Chapter as long
				  as such employment continues without a break in service of more than one
				  year.
(c) All such employees
				  compensated on a per diem or hourly basis who are expected by the appointing
				  authority to be employed continuously for nine months as described in this
				  section shall, effective at the beginning of such employment, observe holidays,
				  earn and accumulate vacation and sick leave, and receive personal leave in the
				  same manner and subject to the same limitations and restrictions as would apply
				  if they were compensated on an annual salary basis.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 2 - Attendance for Managerial/confidential Employees in New York State Departments and Institutions › Part 33 - Applicability › Section 33.2 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Chapter authorizing the earning and accumulation of vacation credits
				  and entitlement to personal leave shall not apply to employees whose employment
				  is temporary and limited to all or parts of the months of June, July, August
				  and September and who are designated as summer employees or summer
				  replacements.
(b) This Chapter
				  shall not apply to employees of the Department of Taxation and Finance who are
				  employed in surrogates' offices pursuant to section 249-dd of the Tax
				  Law.
(c) This Chapter shall not
				  apply to employees who are employed in positions the principal duty of which is
				  the teaching or instruction of patients or inmates, or the direct supervision
				  of such teaching or instruction, and who are compensated in accordance with
				  section
				  136 of the
				  Civil Service Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.1 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				performance rating shall mean an annual summary judgment of the value of an
				employee's performance and conduct prepared by his supervisors for the purpose
				of determining the employee's eligibility for salary increment and promotion.
				Such summary judgment shall be recorded only as "satisfactory" or
				"unsatisfactory".
(b) The term
				appraisal shall mean a continuing evaluation of an employee's performance,
				conduct, skills and abilities for the purpose of facilitating the employee's
				development and the most effective utilization of his abilities.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				of this Part shall apply to all employees in the executive branch of the State
				service holding positions in the competitive class, or positions in the
				noncompetitive or labor classes which are allocated to salary grades.
(b) The provisions of this Part concerning
				appeal from performance ratings are not applicable to probationary
				employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.3 - Powers and duties of the civil service commission

Current through Register Vol. 46, No. 28, July 10, 2024
The Civil Service Commission shall:
(a) have discretion to exempt an agency from
				these rules, during a prescribed period, provided there exists in the agency a
				performance rating plan approved by the commission, and provided further that
				for purposes of determining eligibility for promotion and salary increments
				under any such performance rating plan only the ratings "satisfactory" and
				"unsatisfactory" shall be used;
(b)
				consider and determine appeals from employees whose performance was rated as
				unsatisfactory and modify such ratings if appropriate;
(c) conduct or designate representatives to
				conduct investigations of any matters pertaining to the performance rating
				program in any agency.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.4 - Powers and duties of the department of civil service

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Civil Service shall:
(a) prescribe or approve the rating period
				and the manner, form and time at which performance ratings shall be
				submitted;
(b) prescribe or approve
				the manner, form and frequency of employee appraisals;
(c) conduct interviews and report to the
				commission on performance rating appeals;
(d) refuse to accept the performance ratings
				of any agency where the performance of employees has not been properly
				evaluated, or where reports of unsatisfactory performance or attendance are
				inadequate;
(e) review and report
				to the commission concerning the operation of performance rating programs which
				have been exempted from these rules;
(f) refuse to approve the promotion of an
				employee whose performance is rated as unsatisfactory;
(g) direct the correction of any manifest
				errors made in reporting performance ratings or in the crediting of such
				ratings.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.5 - Powers and duties of the agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				purposes of increment and promotion eligibility:
(1) Each agency shall rate, in the manner or
				form prescribed or approved, the performance of each employee who will have
				completed three months' continuous service as of the last day of the rating
				period.
(2) Each employee shall, so
				far as reasonably possible, be rated by the person or persons who supervised
				his work or who was responsible for the supervision of his work during the
				rating period. However, no employee shall be rated by a provisionally-promoted
				supervisor with whom he may compete in a promotion examination. The rating
				shall be reviewed by one or more successive levels of supervision. In the event
				of a difference of opinion as to the rating of an employee, a final
				determination shall be made by the agency head or by a person so designated by
				that agency head.
(3) Except where
				an unsatisfactory rating is appealed to the Civil Service Commission, the
				agency head is empowered to make the final rating of any employee of his
				agency.
(4) Each agency shall
				notify each of its employees of his satisfactory or unsatisfactory performance
				rating, provide the employee an opportunity to review his rating with his
				supervisor, and give to each employee whose performance is rated as
				unsatisfactory a copy of his rating.
(5) Each agency shall withhold the salary
				increment of any employee whose performance is rated as
				unsatisfactory.
(6) Each agency
				shall insure so far as practicable that rating standards are applied uniformly
				within the agency.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter III - Performance Rating Rules › Part 35 - Administration Of Performance Rating › Section 35.6 - Performance rating board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Performance Rating Board of an agency shall consist of not less than three nor
				more than five members who shall be employees of the agency with permanent
				status, at least two of whom shall be in the competitive class. The agency head
				shall appoint the members of the Performance Rating Board or, if he so
				authorizes, they may be elected by the employees of the agency for a term
				specified by the agency head. In a large agency, separate boards may be
				designated for geographically-separated units, districts or
				institutions.
(b) As directed by
				the agency head, the Performance Rating Board in each agency shall
(1) develop and administer procedures for the
				appeal of performance ratings;
(2)
				allow any employee to appeal from an unsatisfactory performance rating, review
				the appeal, and inform the employee of its decision. In the case of an
				unsatisfactory rating where the appeal is denied, the board shall notify the
				employee of his right to appeal his unsatisfactory rating to the Civil Service
				Commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.1 - Committees on appeals

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall appoint committees on appeals, each
				  consisting of one or more members designated by the commission, to whom appeals
				  shall be submitted and who shall report thereon at a subsequent meeting of the
				  commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.2 - Subject of appeals

Current through Register Vol. 46, No. 28, July 10, 2024
A committee on appeals shall consider only such appeals as
				  clearly demonstrate a manifest material error or mistake appearing in a rating
				  key or scale or in the application of such key or scale to candidate test
				  papers or other records of examination performance or eligibility for
				  appointment and only if such error or mistake affects the eligibility or
				  relative standing of candidates. Further, the committee on appeals shall not
				  consider the appeal of a candidate whose score, at the time of the
				  establishment of the eligible list, is equal to or higher than the final
				  examination rating of the third highest standing eligible. Provided, however,
				  that the committee shall consider such appeal where the candidate's
				  reachability for appointment is affected by the committee's determination of
				  another appeal and he or she has timely filed a notice of intent to
				  appeal.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.3 - Pre-list review

Current through Register Vol. 46, No. 28, July 10, 2024
The director of examinations or his designee may, by
				  appropriate notice, invite candidate review of and the submission of objections
				  with respect to a tentative rating key for short-answer written tests
				  constituting all or part of an examination for the purpose of enabling a
				  committee on appeals to recommend a final rating key which, upon approval by
				  the commission, shall be applicable to all candidates. Such review may, but
				  need not be limited to locations in Albany, Buffalo and New York City. The
				  eligible list may be established pending consideration of the rating key by the
				  commission, in which event objections to the tentative rating key filed by
				  candidates shall constitute appeals to the commission. Every candidate shall be
				  granted an opportunity to inspect his scored answer papers, or a photographic
				  copy thereof, and the rating key and scoring tables in order to detect any
				  errors in the application of such rating key to his answer
				  sheet.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.4 - Post-list appeal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In cases other than those in which prior approval of the
				  rating key has been granted by the commission or review and submission of
				  objections have been invited under section
				  55.3 of this Part, a committee on
				  appeals shall consider appeals subsequent to the establishment of the eligible
				  list subject to the following terms and conditions:
(a) Upon the establishment of an eligible
				list resulting from competitive examination, the department shall notify each
				candidate therein of the rating he has received and, if such rating be above
				the required minimum, of his comparative standing on the eligible list. Any
				candidate receiving such notice may personally inspect his examination papers
				in the presence of a designated representative of the department, provided he
				makes request for such inspection, in writing, within the period of five
				business days after the date of postmark of such notice, and provided that
				either he received a rating of 65 or higher if the examination consisted wholly
				of short-answer type questions (i.e., multiple-choice, or other questions which
				are scored only as wholly right or wholly wrong) or he received a rating of 60
				or higher if the examination consisted of other types of questions or he is
				granted special permission by the commission to inspect his papers.
(b) A candidate who wishes to appeal to the
				commission from his rating in one, or more, or all of the subjects of an
				examination in order to establish eligibility or improve his relative standing
				must submit such appeal in writing at the review center on the date or dates on
				which his examination papers are made available for his inspection. Such appeal
				shall be considered as opening for review all of the competitor's papers in
				such subject or subjects of the examination on which he has appealed, whether
				resulting in a higher or lower average rating in such subject or subjects of
				the examination. However, unless by special action of the commission, no
				consideration shall be given an appeal for re-rating of a subject of the
				examination rated below 60 or for the re-rating of a written examination rated
				below 65 where such written examination consists wholly of short-answer type
				questions (i.e., multiple-choice, or other questions which are scored only as
				wholly right or wholly wrong).
(c)
				The commission shall correct any manifest error or mistake of marking or rating
				appearing in the candidate's examination papers or records in the subject or
				subjects of the examination on which he has appealed but such correction shall
				not prejudice the status of any person previously appointed as a result of such
				examination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.5 - Prior approval procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				the request of the director of examinations or his or her designee, the
				commission may grant prior approval of a rating key where:
(1) the test material has been used
				previously, has previously been subject to candidate review, and the analysis
				of the item response data and the candidate review and appeals history clearly
				indicates that the rating key represents the correct or best answers;
(2) the test material contains sufficient
				information to allow candidates to determine the correct answers; or
(3) it is demonstrated that subject matter
				experts have reviewed the items to confirm that the concepts are current and
				appropriate for use and that the rating key represents the only correct answers
				among the alternatives presented.