Provides for crediting of time spent as a provisional appointee for promotional examinations and eligibility for appointment from the resulting eligible lists.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9386
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the civil service law, in relation to crediting of
provisional time for promotional examinations
PURPOSE:
This legislation would require that any time spent as a provisional
employee be counted towards any required term that is required to take a
promotional examination and receive an appointment from an eligible
list.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 10 of Section 52 of the Civil Service Law
to require that any time that an employee spends as a provisional
employee is counted towards any required term to take a promotional
examination and receive an appointment from an eligible list.
Section 2 is the effective date.
JUSTIFICATION:
Due to a lack of available civil service examinations being offered,
many public employers are required to hire employees provisionally until
a test fot that job title or position is offered. Many of these employ-
ees may be provisional employees for a considerable length of time.
During their time as provisional employees, they perform all tasks cf
their job and are routinely assessed by their managers. During this
time, they can be terminattd at any point without any rights to their
positions. However, once they become permanent employees after a civil
service examination is offered, they do not receive any credit for their
time s:.ent as a provisional employee for promotional examinations. To
take a promotional exa-aination, you must spend a certain amount of time
in the job beneath the promotional position. However, a person who spent
time as a provisional employee does not have any of their time count and
must then wait additional time to qualify to take a promotional examina-
tion.
This legislation amends the Civil Service law to count time spent as a
provisional employee towards any required term to take a promotional
examination that is accessible from their title. The time spent as a
provisional employee cannot be used for any other purpose other than for
qualifying to take a competitive examination, including for seniority or
layoff rights.
This legislation will help to retain employees by giving them the oppor-
tunity to take promotional examinations sooner than they are currently
able.
LEGISLATIVE HISTORY:
New bill.
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9386
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to crediting of
provisional time for promotional examinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 52 of the civil service law, as
2 added by chapter 790 of the laws of 1958, is amended to read as follows:
3 10. Credit for provisional service. a. No credit in a promotion exam-
4 ination shall be granted to any person for any time served as a provi-
5 sional appointee in the position to which promotion is sought or in any
6 similar position, provided, however, such provisional appointee by
7 reason of such provisional appointment shall receive credit in [his]
8 such person's permanent position from which promotion is sought for such
9 time served in such provisional appointment.
10 b. A person appointed provisionally in accordance with section sixty-
11 five of this article who receives a permanent appointment to the same
12 title immediately following the provisional appointment shall have all
13 time spent as a provisional appointee in such title credited towards the
14 qualifications required to take a promotional examination as well as
15 eligibility for appointment from the resulting eligible list. Such time
16 credited pursuant to this subdivision shall be used only for the
17 purposes of any term that is required for a promotional examination and
18 eligibility for appointment from the resulting eligible list and shall
19 not be used for any other purpose.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14393-01-4
