N.Y. Comp. Codes R. & Regs. tit. 22 § 25.24

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.24 - Contingent permanent appointments

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.24