Current through Register Vol. 46, No. 39, September 25, 2024
(a) It is the
intent of the Civil Service Commission that permanent appointments, promotions
or transfers shall require, as provided herein, satisfactory completion of a
probationary term which shall include a minimum and a maximum period of
probation. Such probationary term shall commence on the effective date
designated by the appointing authority and approved by the Civil Service
Department for the appointment, promotion or transfer on a permanent basis.
Such appointments, promotions or transfers shall not become permanent prior to
satisfactory completion of at least the minimum period and may require
satisfactory completion of the maximum period of probation. If the conduct or
performance of a probationer is not satisfactory, his or her employment may be
terminated at any time after eight weeks and before completion of the maximum
period of probation.
(b)
Probationary term.
(1) Except as herein
otherwise provided, every permanent appointment from an open competitive list
and every original permanent 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.
(i) This probationary term shall
also 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.
(ii) The
probationary term for the positions of "Teacher (all levels)" and "Vocational
Instructor 1, 2 and 4" shall be not less than one year nor more than three
years. The probationary period for "Vocational Instructor 3" shall coincide
with the term of validity remaining on the provisional teacher certification
held by the incumbent.
(iii) The
probationary term for professional educators in the Education Department
employed as "Aides," "Assistants," "Associates," "Supervisors," "Chiefs,"
"Directors," all other titles that commence with the words "Coordinator" or
"Associate Coordinator," and for the position of "Elementary, Secondary and
Continuing Education Program Planner," shall be not less than 12 weeks nor more
than 78 weeks.
(iv) The
probationary term for positions of "Assistant Mortgage Officer," "Assistant
Mortgage Officer (Appraising)," "Assistant Mortgage Officer (Leasing)" and
"Assistant Mortgage Officer (Servicing)" shall be not less than 12 weeks nor
more than 78 weeks.
(v) The
probationary term for the positions of "Director of State Science Service," "
Chief Scientist" (various parenthetics), "Principal Scientist" (various
parenthetics), "Associate Scientist" (various parenthetics), "Senior Scientist"
(various parenthetics), and "Scientist" (various parenthetics) shall be not
less than 12 weeks nor more than 78 weeks.
(vi) The probationary term for the position
of "Veterinarian 1" shall be not less than 52 weeks nor more than 78
weeks.
(vii) If an employee in the
Department of Health, serving in a position for which the appointee is required
to have Federal certification as mandated by the Health Care Financing
Administration, does not acquire such certification within the 52 weeks
prescribed in this paragraph, the probationary term of such person shall
continue until such time as he or she has received the applicable Federal
certification; or until such time as the appointee has had sufficient
opportunity, in no case longer than 24 months, as determined by the
Commissioner of Health under a policy approved by the Department of Civil
Service and uniformly applicable to all of those appointed to such positions,
to pass the required Federal certification, whichever occurs first.
(viii) The probationary term for positions of
"University Police Officer 1" and "University Police Officer 1 (Spanish
Language)" shall be not less than 52 weeks nor more than 78 weeks.
(2) Except as may be herein
otherwise provided, every promotion to a position in grade 13 and below shall
be subject to a probationary term of not less than 8 weeks nor more than 26
weeks; and every promotion to a position in grade 14 and above 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 a noncompetitive class employee to a higher grade position in
the noncompetitive class, as well as the appointment of a noncompetitive class
employee to a competitive class position in instances where such appointment
was made from a promotional list established as a result of a competitive
examination and said employee was admitted to such examination in accordance
with law. Where a noncompetitive class employee who has completed probation in
his or her current position, is being appointed to another noncompetitive
position at the same or a lower salary grade, the appointing authority may, at
the time of such appointment and with the consent of the employee, waive the
probationary period.
(i) For the position of
"Latent Fingerprint Examiner," the probationary term shall be 52
weeks.
(ii) For the position of
"Vocational Instructor 2," the probationary period shall be no more than three
years. The probationary period for the position of "Vocational Instructor 3"
shall coincide with the term of validity remaining on the provisional teacher
certification held by the incumbent. The probationary term for the position of
"Vocational Instructor 4" shall be one year, unless the incumbent has completed
three years' probation in the Vocational Instructor title series in the same
appointing authority.
(iii) The
probationary term for positions of "Investigative Aide," and "Investigative
Aide (Spanish Speaking)" shall be not less than 12 weeks nor more than 52
weeks.
(iv) For the position of
"Park Patrol Officer," the probationary term shall be not less than 26 weeks
nor more than 52 weeks.
(v) For the
position of "Highway Maintenance Supervisor 1" the probationary term shall not
be less than 26 weeks nor more than 52 weeks.
(vi) For the position of "Highway Maintenance
Worker 2" the probationary period shall not be less than 26 weeks nor more than
52 weeks.
(vii) For the position of
"Thruway Maintenance Worker" the probationary period shall not be less than 26
weeks nor more than 52 weeks.
(viii) The probationary term for positions of
"University Police Officer 1" and "University Police Officer 1 (Spanish
Language)" shall be not less than 52 weeks nor more than 78 weeks.
(3) For every original permanent
appointment and every training advancement or promotion to the following
positions in the noncompetitive class designated to be in the Professional,
Scientific and Technical Services negotiating unit, the minimum probationary
term shall be as otherwise prescribed in this rule and the maximum probationary
term shall be as follows:
Assistant Research Scientist (all specialties) 3 years
Research Physician 1 (all specialties) 3 years
Research Physician 2 (all specialties) 3 years
Research Physician 3 (all specialties) 3 years
Psychiatrist 1 (Research) 3 years
Psychiatrist 2 (Research) 3 years
Research Scientist 1 (all specialties) 3 years
Research Scientist 2 (all specialties) 3 years
Research Scientist 3 (all specialties) 3 years
Research Scientist 4 (all specialties) 3 years
Research Scientist 5 (all specialties) 3 years
Research Scientist 6 (all specialties) 3 years
Research Scientist 7 (all specialties) 3 years
Research Scientist 8 (all specialties) 3 years
(4)
(i) Every transfer, as defined in section
1.2 of this Chapter, and every
interinstitutional transfer as hereinafter defined, made at the request or with
the consent of the employee, to a position in grade 13 and below shall be
subject to a probationary term of not less than 8 weeks nor more than 26 weeks;
every such transfer to a position in grade 14 and above shall be subject to a
probationary term of not less than 12 weeks nor more than 52 weeks; provided,
however, that the appointing authority having jurisdiction over a position to
which transfer is sought may, at its option, elect to waive the probationary
term required for such position.
(ii) An interinstitutional transfer means a
transfer from a position in one State institution to a position in another
State institution in the same department, or from a noninstitutional position
in a State department to a position in an institution under the jurisdiction of
such department, or vice versa. With respect to interinstitutional transfers in
the Department of Health, the following shall be deemed separate and distinct
appointing authorities, thereby making such transfers subject to probationary
periods prescribed by this section:
Central office, including the regional and district
offices
Helen Hayes Hospital
New York State Veterans' Homes (Oxford, Batavia, St. Albans
and Montrose)
(5)
(i) An
appointment, promotion or transfer shall become permanent upon the retention of
the probationer after his or her completion of the maximum period of service or
upon earlier written notice following completion of the minimum period that his
or her probationary term is successfully completed or, in the case of a
transferee, 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 may be terminated at any
time after eight weeks and before completion of the maximum period of service.
The appointing officer may, however, in his discretion, offer such probationer
an opportunity to serve a second probationary 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 8 weeks of service
and on or before the completion of 26 weeks of service.
(iii) The probationer's supervisor shall
carefully observe his conduct and performance and, at least two weeks prior to
the end of the probationary term, shall report thereon in writing to the proper
appointing authority. The supervisor shall also, from time to time during the
probationary term, advise the probationer of his 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 representative.
(c) Trainee appointment or promotion. The
probationary term for a trainee appointment or trainee promotion shall coincide
with the term of training service, except where an appointment from an
open-competitive list can be made to either the trainee or journey level
position; in that case, the probationary period for the trainee appointment
will be from 26 to 52 weeks or the length of the training period, whichever is
greater. If the conduct or performance of the probationer is not satisfactory,
his employment may be terminated at any time after the completion of a
specified minimum period of service and on or before the completion of the term
of training service. Such specified minimum period of service, unless otherwise
prescribed in the announcement of examination, shall be eight weeks.
(d) Transfers: probationers. A probationer
shall be eligible for transfer; provided, however, that upon such transfer he
shall serve a complete probationary period in the new position in the same
manner and subject to the same conditions as required upon his employment in
the position from which transfer is made.
(e) Leave for probationers. When a permanent
employee is promoted or transferred to a position in which he is required to
serve a probationary term, the position thus vacated by him shall not be
filled, except on a temporary basis, during such probationary term. At any time
during such probationary term the employee shall have the right, upon
reasonable notice, to return to his previous position at his own election. If
the conduct or performance of the probationer is not satisfactory, he shall be
restored to his former permanent position at the end of this probationary
term.
(f) Reinstatement. An
employee who is reinstated to a position in accordance with section
5.4 of this Title, either in his
former agency or another agency, shall serve a new probationary period in the
same manner and subject to the same requirements as apply hereunder upon
original appointment to such position.
(g) Absence during probationary term. Any
periods of authorized or unauthorized absence aggregating up to 10 workdays
during the probationary term, or aggregating up to 20 workdays if the
probationary term or maximum term exceeds 26 weeks, may, in the discretion of
the appointing authority, be considered as time served in the probationary
term. When the probationary term for a trainee appointment or trainee promotion
exceeds one year, any periods of authorized or unauthorized absence in such
probationary term aggregating up to 20 workdays multiplied by the number of
years, including a fraction of a year, constituting the probationary term, may
in the discretion of the appointing authority, be considered as time served in
the probationary term. Any such periods of absence not so considered by the
appointing authority as time served in the probationary term, and any periods
of absence in excess of periods considered by the appointing authority as time
served in the probationary term pursuant to this subdivision, shall not be
counted as time served in the probationary term. The minimum and maximum
periods of the probationary term of any employee shall be extended by the
number of workdays of his absence which, pursuant to this subdivision, are not
counted as time served in the probationary term.
(h) Restoration to eligible list. A
probationer whose employment is terminated or who resigns before the end of his
probationary term may request that his name be restored to the eligible list
from which he was appointed, provided such list is still in existence. His name
may be restored to such list if the Department of Civil Service, after due
inquiry, determines that the probationer's service was such that he should be
given a second opportunity for appointment.
(i) Temporary or provisional service in
higher level position. When an employee who has not completed his probationary
term is appointed on a temporary or provisional basis to a higher level
position, the period of temporary or provisional service rendered by such
employee in such higher level position may, in the discretion of the appointing
authority, be considered as satisfactory probationary service in his lower
position and may be counted as such in determining the satisfactory completion
of such probationary term. At any time after the expiration of the minimum
period of the probationary term, or the entire probationary term if it be one
of fixed duration, the appointing authority shall, on request of such
probationer, furnish his decision in writing as to whether or not service in
such higher level position shall be considered as satisfactory probationary
service. In the event of an adverse decision by the appointing authority, such
probationer, at his request, shall be returned to his lower position for
sufficient time to permit him to complete his probationary term. The employment
of such a probationer in his lower position shall not be terminated at the end
of his probationary term on account of unsatisfactory service unless he shall
have actually served in such position, in the aggregate, at least a period of
eight weeks.
(j) Removal during
probationary term. Nothing contained in this section shall be construed to
limit or otherwise affect the authority of an appointing authority, at any time
during the probationary term, to remove a probationer for incompetency or
misconduct, under section
75 of the
Civil Service Law or an agreement negotiated between the State and an employee
organization pursuant to article 14 of such law.
