N.Y. Comp. Codes R. & Regs. tit. 8 § 335.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 335.8 - Eligibility for initial permanent appointment

(a) Except as provided in paragraphs (a)(1)-(2) and subdivision (b) of this section and in paragraph (b)(2) of section 335.9 of this Part, at any college further employment, in a professional title in which permanent appointment may be granted, of a professional employee who has completed seven consecutive years of full-time service as a professional employee at that college, the last two years of which have been in that professional title, must be on the basis of permanent appointment; provided, however, that such appointment shall not be effective until made so by the chancellor.

(1) Upon completion of three consecutive years of full-time service as a professional employee at that college, the last year of which has been in that professional title, a professional employee in a title eligible for permanent appointment may initiate early consideration for permanent appointment through notification to the chief administrative officer of the college. To be effective, such notification must be in writing and received by the chief administrative officer of the college no later than nine months prior to the date upon which such employee would otherwise receive written notice that a term appointment is not to be renewed upon expiration. In the event the chief administrative officer of the college grants the employee's request for such early consideration, any further employment of that employee after completion of five consecutive years of full-time service as a professional employee at that college, the last two years of which have been in that professional title, must be on the basis of permanent appointment; provided, however, that such appointment shall not be effective until made so by the chancellor.

(2) Upon completion of four consecutive years of full-time service as a professional employee at that college, the last year of which has been in that professional title, a professional employee in a title eligible for permanent appointment may initiate early consideration for permanent appointment through notification to the chief administrative officer of the college. To be effective, such notification must be in writing and received by the chief administrative officer of the college no later than nine months prior to the date upon which such employee would otherwise receive written notice that a term appointment is not to be renewed upon expiration. In the event the chief administrative officer of the college grants the employee's request for such early consideration, any further employment of that employee after completion of six consecutive years of full-time service as a professional employee at that college, the last two years of which have been in that professional title, must be on the basis of permanent appointment; provided, however, that such appointment shall not be effective until made so by the chancellor.

(b)Additional appointments.

A professional employee holding a permanent appointment or a term appointment at one college who is appointed to a professional title at another college may be given that appointment for a term not to exceed three years.

(c) Service credit.

(1) In determining eligibility for permanent appointment under this section, satisfactory full -time prior service in a professional title at any one college of the university may, at the request of the professional employee and in the discretion of the chancellor or designee, be credited as service, up to a maximum of three years, at the time of appointment at another college. Waiver of all or part of this service credit shall be granted upon written request of the employee to the chief administrative officer not later than six months after the date of appointment at that college.

(2) In computing consecutive years of service for the purposes of appointment or reappointment of professional employees, periods of leave of absence at full salary and periods of full -time service in probationary and temporary appointments granted pursuant to this Title shall be included; periods of leave of absence at partial salary or without salary and periods of part -time service shall not be included, but shall not be deemed an interruption of consecutive service for other purposes.

(3) A temporary cessation of service credit toward permanent appointment shall be provided, at the employee's request, commencing with the birth/adoption/foster care placement of a child. Such written request by a professional employee shall be approved for the time requested up to the duration of their approved family leave.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 335.8

Amended, New York State Register April 23, 2014/Volume XXXVI, Issue 16, eff.4/23/2014

Amended New York State Register October 16, 2019/Volume XLI, Issue 42, eff. 10/16/2019