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December 03, 2023

Counting provisional service towards completing probation upon permanent appointment to the position subject of The New York State Department of Civil Service's General Information Bulletin 23-04

On November 30, 2023, Jessica Rowe, the New York State Department of Civil Service's Director of Staffing Services, advised Department and Agency Directors of Human Resources, Personnel and Affirmative Action Officers, Equal Opportunity Specialists, Diversity and Inclusion Specialists as follows:

"On September 7, 2023, Governor Kathy Hochul signed Chapter 356 of the laws of 2023. This Chapter amends subdivision (1) of Civil Service Law (CSL) section 63, entitled 'Probationary term,' to include the following language:

"This statute requires that on or after September 7, 2023, any employee serving provisionally in a title that receives a permanent appointment immediately following the provisional service to the same title shall have all actual service time in provisional status counted towards completing the required probationary period as set forth in Title 4, Chapter 1 of the Rules for the Classified Service (4NYCRR)*. All provisional service that meets such criteria shall be credited regardless of when the qualifying provisional service first began. This change to the law does not impact individuals who served provisionally and were permanently appointed to the same title before September 7, 2023.

"This statue applies only to provisional employees appointed in accordance with section 65 of the CSL and does not apply to employees appointed in temporary status in accordance with section 64 of CSL. Provisionals who have their status changed to “temporary revocation” upon eligible list establishment shall have such service considered as provisional service for the purposes of meeting the requirements of CSL section 63."

The text of General Information Bulletin 23-04 is posted on the Internet at: https://www.cs.ny.gov/ssd/Manuals/SPMM/GIBS/GIB23-04.cfm

* N.B. Except as otherwise specified in any particular rule, these rules shall apply to positions and employments in the classified service of the State and public authorities, public benefit corporations and other agencies for which the Civil Service Law is administered by the State Department of Civil Service.

 

 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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