N.Y. Comp. Codes R. & Regs. tit. 4 § 4.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.4 - Appointment to seasonal positions

(a) Positions in the competitive class where the nature of service is such that it is not continuous through out the year, but recurs in each successive year, except as herein otherwise provided, shall be designated as seasonal positions and shall be subject to the provisions of these rules applicable generally to positions in such class.

(b) Upon the expiation of the employment season, the names of all persons employed in such seasonal positions shall be entered upon a seasonal reemployment list in the order of their first appointment to the title vacated by them at the expiration of such employment season. Such seasonal reemployment list shall be certified to the appointing authority at the commencement of or during the next employment season, and the persons whose names appear thereon as still qualified shall be entitled to reemployment in such positions in the order in which their names appear on such list. Any such person may be reexamined by the department with respect to his physical fitness for the performance of the duties of the position, and may be disqualified for reemployment in the same manner and for any of the reasons applicable to the disqualification of an eligible on an eligible list resulting from open competitive examination.

(c) The name of any person on such list who is not reached for reemployment shall remain on such list and shall be certified, in the order of the date of his first appointment to such position during subsequent employment seasons; provided, however, that the eligibility for reemployment of any such person shall not continue for a period longer than three years from the date of his separation from such seasonal employment. A seasonal reemployment list shall not be deemed to be a preferred list as provided for in section 81 of the Civil Service Law.

(d) Where a vacancy occurs in a full-time position having a title and duties similar to those of a seasonal position and for which no appropriate open competitive eligible list is available, it may be filled by selection from among seasonal employees. For that purpose, the department may certify to fill such vacancy the names of persons holding comparable seasonal positions in the order of their dates of original appointment in such positions or, if the vacancy occurs at a time other than during the employment season, the appropriate seasonal reemployment list. In such case, appointment shall be made by the selection of a person whose date of original appointment to the seasonal position is the same as or earlier than the date of original appointment of the third highest standing person certified who indicates willingness to accept such appointment.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 4.4