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Civil Service Questions

Section 56 of the Civil Service Law fixes the duration of an eligible list at not less than one nor more than four years, but gives the Civil Service Department discretion to extend the list beyond four years when there is a restriction on the filling of vacancies.

● What are the limitations on how long a Civil Service list can be extended? I am very discouraged that my agency has not updated promotional lists.

Although Civil Service Law Section 56 limits the life of an eligible list to between one and four years, the same section grants the Civil Service Commission discretion to extend lists beyond four years during periods when there are restrictions on hiring. With respect to promotion lists, a case may be able to be made for replacing an old list with a new list when the makeup of the promotion field has changed significantly (e.g. as a result of turnover) and a hiring freeze waiver can be obtained for filling positions for which the list is appropriate.

● Do State agencies have a responsibility to post job vacancies covering competitive job titles? Also, is there any requirement for non-competitive job vacancy postings?

The State has committed itself in varying degrees to the posting of job vacancies (a good management practice, we think) via language that can be found in some union contracts, local labor/management agreements and agency affirmative action plans, but not to the extent of invalidating an appointment made without posting that otherwise conforms to Civil Service law and regulations or of limiting the State's right to exempt a position or vacancy from posting. The Governor's Office of Employee Relations' hosts "State Jobs NY" on its web site (http://www.statejobsny.goer.state.ny.us/), a useful job search tool that contains civil service examinations information and agency/facility job vacancy postings.

● I was recently told that agencies can promote employees up to two grades in what is called an 'administrative promotion' so long there is linkage between your current and promoted title. What exactly is this? I had never heard of it before.

Section 52.6 of the Civil Service Law permits voluntary transfers without examination between administrative titles (titles determined by the Department of Civil Service to be in one of the following categories: law, personnel, budgeting, methods or procedures, management, records analysis, or administrative research). Transfers pursuant to Section 52.6 may be made to higher graded positions within two salary grades or one M-grade. Consecutive 52.6 transfers will not be approved if the transfer will result in an employee advancing more than two grades or one M-grade.

● I recently received the following regarding leave: "An employee is entitled to leave with pay without charge to accruals to be interviewed for a position provided the employee has not initiated the interview. An interview which results from a response to a canvass letter or other agency initiated inquiry directed to a specific employee is not deemed to be employee-initiated and the employee is allowed leave with pay. If the employee initiates the interview, the time off must be charged to personal leave, vacation, holiday, or comp OT. Sick leave may not be used. An employee is deemed to have initiated an interview if the interview is a result of a phone inquiry made by the employee, an unsolicited resume submitted by the employee or a response to a posting." Is it accurate, that an employee seeking a state job needs to charge leave accruals?

It is accurate-the language is taken from the Civil Service Attendance and Leave Manual. The manual is published by the Department of Civil Service to guide state agencies on administration of the attendance rules. The purpose of the policy, as stated in Section 21.10, Leave for Civil Service Examinations, is "to provide eligible employees with a reasonable amount of time off with pay without charge to credits to take State level Civil Service examinations and to be interviewed for promotions and transfers under certain circumstances." The manual goes on to state, however, that "appointing authorities may consider in-house interviews in response to postings to be an assignment to duty and therefore not charged to credits."

● Do I still get the time to take a test if I respond to a posting for an exam?

Yes! The Civil Service Attendance and Leave Manual, from which we quoted in answer to the previous question, also states: "An employee, upon providing sufficient notice, is entitled to leave with pay without charge to credits to take any New York State Civil Service promotion or open competitive examination (includes written, oral, physical and performance examinations) for a State position."

● I am a M-3 Resident Engineer in the Department of Transportation. There is talk about eliminating this title by replacing it with so called 'Area Transportation Managers' covering multiple residencies and the RE's being replaced by Grade 25 Residency Managers. What rights do the RE's have to stay in their present positions?

Typically, when a position filled by permanent appointment is identified for reallocation to a lower grade as a result of reorganization or restructuring, the item is merely earmarked for downgrading at a later time when it becomes vacant. In the meantime, the incumbent of the item continues to be paid at the higher grade, despite performing duties that may warrant reallocation to a lower grade.

● Are we still allowed time off for mammograms? I can't find any information on this topic.

You are still allowed time off for a mammogram. Section 159-b of the Civil Service Law entitles you to take up to four hours of paid leave annually, without charge to leave credits, for breast cancer screening during your regular work hours. The leave is not cumulative and expires at the end of each calendar year. The screening includes physical exams and mammograms. Absence beyond the 4-hour cap must be charged to leave credits. Your agency may require you to provide supporting documentation for the absence. Section 159-c of the Civil Service Law provides a similar 4-hour annual entitlement to time off without charge for leave credits for prostate screening.

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