Current through Register Vol. 48, No. 38, September 20, 2024
a)
Definition:
1) Continuous service is the
uninterrupted period of service from the date of original appointment to State
service except as provided for in Section
500.230(g).
2) Employees who have accrued continuous
service in another merit system in State service or who have accrued continuous
service in State service not covered by a merit system, and who have been
transferred to a department subject to the Personnel Code, shall be given such
credit for said service as shall be determined by the Director or required by
law.
b) Interruptions in
Continuous Service: Continuous service shall be interrupted by:
1) Resignation; provided, however, that such
continuous service will not be interrupted by resignation when an employee is
employed in another position in State service within 4 calendar days of such
resignation;
2) Discharge;
provided, however, such continuous service shall not be interrupted if the
employee is retained in the position after a hearing before the Merit
Commission;
3) Termination; because
an employee has not been reemployed within 2 years after layoff.
c) Deductions From Continuous
Service: Except as provided in Section
500.230(f),
the following shall be deducted from, but not interrupt continuous service:
1) Time away from work for any leaves of
absence without pay totaling more than 30 days in any 12 month period except
time away from work for a leave of absence to accept a temporary, provisional,
emergency, or exempt assignment in another class shall not be deducted from
continuous service;
2) Time away
from work because of disciplinary suspensions totaling more than 30 days in any
12 month period;
3) Time away from
work because of layoff.
d) Veterans Continuous Service:
1) Leaves of absence shall be granted to all
employees except temporary or emergency employees, who leave their positions
and enter military service for 4 years or less (exclusive of any additional
service imposed pursuant to law). An employee shall be restored to the same or
similar position on making an application to the Department of Personnel within
90 days after separation from active duty or from hospitalization continuing
after discharge for not more than 1 year. The employee must provide evidence of
satisfactory completion of training and military service when making
application and be qualified to perform the duties of the position.
2) Subject to the provisions of Section
500.210(s),
a veteran who returns to State service after having been granted a leave of
absence from provisional status shall be permitted and required to pass the
same or similar examination for his/her position within 90 days.
3) Trainees who have not previously done so
and whose training was interrupted by military leave, shall be required to
qualify in an examination in the trainee class before being granted allocation
or non-competitive promotion to a higher class.
e) Peace Corps or Job Corps Enrollees
Continuous Service: Any employee who volunteers for service in the overseas or
domestic Peace Corps or Job Corps shall be given a leave of absence from
his/her State employment for the duration of his/her initial period of service
and restored to the same or similar position provided that the employee returns
to his/her employment within 90 days of the termination of his/her service or
release from hospitalization from a service Peace Corps or Job Corps connected
disability.
f) Accrual and
Retention of Continuous Service During Certain Leaves: During a maternity
absence or an educational, military, Peace Corps, Job Corps, or
service-connected disability leave, an employee shall retain and accrue
continuous service provided appropriate application or return, as the case may
be, is made pursuant to the requirements of Section
500.230(d)
and (e). No other employment benefit shall be
granted during such leaves.
g)
Limitations on Continuous Service: Temporary and emergency employees employed
after August 23, 1978, shall not accumulate continuous service except as
provided in the Comptroller Merit Employment Code.
