Current through Register Vol. 46, No. 39, September 25, 2024
(a) A permanent employee apointed or
promoted to a position in a higher title, which is left temporarily vacant by
the leave of absence of the permanent incumbent, may, in the discretion of the
appointing authority, be appointed or promoted with contingent permanent status
in such position, provided that at the time of such appointment or promotion,
such employee must have qualified by examination and either be eligible for
noncompetitive promotion to such higher-titled position or his or her name must
be among the three highest ranking eligibles on an existing list for such
higher-titled position who are willing to accept contingent permanent
appointment or promotion to such position exclusive of eligibles already
appointed or promoted to a similar position on a permanent basis or on a
contingent permanent basis.
(b) An employee holding a position on a
contingent permanent basis shall have the following rights and be subject to
the following conditions:
(1)
Unless separated from service, such employee shall be deemed to be on leave of
absence from his or her lower-titled position until he or she either returns to
such lower-titled position or gains full permanent status in his or her
higher-titled position or any higher-titled position.
(2) Such employee may, at his
or her election and after reasonable notice, be restored to his or her
lower-titled position at any time during such leave of absence, and shall be
restored to such position if required in accordance with other provisions of
this Part upon the return of the permanent incumbent to his or her or another
similar higher-titled position.
(3) His or her contingent permanent
status shall not adversely affect or impair eligibility for certification from
the eligible list for permanent appointment or promotion to such permanent
vacancies as may occur in other similar positions.
(4) He or she shall be deemed
to hold such position on a permanent basis for the purposes of section
25.29 of this Part, or under an
agreement negotiated pursuant to article 14 of the Civil Service Law, and for
purposes of section
25.30(a) of this
Part.
(5) For
purposes of salary rights and benefits, he or she shall be deemed to hold such
position on a permanent basis.
(6) For purposes of subsequent
examinations, either open competitive or promotion, service in a position with
contingent permanent status shall be counted in the same manner as though it
were service on a permanent basis. If such employee received a contingent
permanent appointment or promotion as a result of receiving additional credits
in an examination as a veteran, he or she shall not be entitled to such credits
in any subsequent examination for a higher-titled position for which he or she
would not otherwise be eligible without such contingent permanent
status.
(7) In the
event that return from leave of one or more permanent incumbents or other
circumstances necessitates termination of the appointment or promotion of one
or more incumbents not having permanent status, such termination shall be made
among such incumbents in the unit for suspension or demotion designated
pursuant to section
25.30(d) of this
Part, wherein such return of permanent incumbents or other circumstances
occurs. Incumbents having contingent permanent status shall have preference in
retention in their positions or similar positions over temporary incumbents not
having such status. If the return of permanent incumbents or other
circumstances necessitates termination of the appointment or promotion of
incumbents having contingent permanent status, such termination shall be made
in the inverse order of date of acquisition of contingent permanent
status.
(8) If a
permanent vacancy occurs in a position then held by an incumbent having
contingent permanent status therein, such vacancy shall be filled by selection
by the appointing authority of one of such employees of the promotion unit
having such contingent permanent status in such position or a similar position
(whether or not he or she is then serving under contingent permanent
appointment or promotion in such position); provided, however, that if any such
employee has acquired such contingent permanent status by appointment or
promotion from an eligible list still in existence, he or she may not be
selected for permanent appointment or promotion unless he or she is then
reachable for permanent appointment or promotion from such eligible
list.
(9) If a
permanent vacancy occurs in a position not then held by an incumbent having
contingent permanent status therein, such vacancy may be filled without regard
to the provisions of this section; or if one or more employees in the promotion
unit have contingent permanent status in the same title, the apponting
authority may, in his or her discretion, elect to fill such position in the
manner provided in paragraph (8) of this subdivision.
(c) Nothing herein shall be
construed to limit or adversely affect the right of eligibility for
reinstatement of any person from a preferred list as provided in section
25.31 of this Part.
(d) Notwithstanding the
provisions of subdivision (a) of this section, an employee may obtain
contingent permanent status upon appointment from an open competitive eligible
list, in accordance with section
25.20(a) of this
Part, to a position which is left temporarily vacant by the leave of absence of
the permanent incumbent. An employee obtaining contingent permanent status
pursuant to this subdivision shall have the rights and be subject to the
conditions set forth in subdivision (b) of this section.
