N.Y. Comp. Codes R. & Regs. tit. 22 § 25.28

Current through Register Vol. 46, No. 50, December 11, 2024

Section 25.28 - Resignations

(a) Resignation in writing. Except as otherwise provided in this section, every resignation shall be in writing.

(b) Effective date. If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in a resignation, it shall take effect on such specified date. However, if a resignation is submitted while the employee is on leave of absence without pay, such resignation, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such absence. Notwithstanding the provisions of this section, when charges of incompetency or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges; and, in the event that such employee is found guilty of such charges and dismissed from the service, his or her termination shall be recorded as a dismissal rather than as a resignation.

(c) Withdrawal or amendment. A resignation may not be withdrawn, cancelled or amended after it is delivered to the appointing authority, without the consent of the appointing authority.

(d) Reinstatement following resignation.

(1) A permanent employee who has resigned from his or her position may be reinstated, without examination, within one year from the date of such resignation in the position from which he or she resigned, if then vacant, or in any vacant position to which such employee was eligible for transfer or reassignment. In computing the one-year period within which a person may be reinstated after resignation, the day the resignation takes effect, any time spent in active service in the military or naval forces of the United States or of the State of New York, and any time served in another position in the civil service of the same governmental jurisdiction shall not be counted.

(2) In an exceptional case, the appointing authority may, for good cause shown and where the interests of the government would be served, waive the provisions of this subdivision to permit the reinstatement of a person more than one year after resignation. For the purpose of this subdivision, where an employee on leave of absence resigns, such resignation shall be deemed effective as of the date of the commencement of such leave.

(e) Job abandonment. When an employee to whom the procedures of section 25.29 of this Part apply has been absent from work without notice for 15 consecutive workdays, he or she shall be deemed to have resigned from his or her position if he or she (or, if medically unable, a member of his or her family) has not provided a satisfactory written explanation for such absence, to the court or court-related agency to which he or she is assigned, on or before the 15th consecutive workday following the commencement of such unauthorized absence. Prior to the conclusion of the 15-workday period, or at any time thereafter, the court or court-related agency shall send the affected employee notice, to the employee's last known address, by certified mail, return receipt requested, that his or her absence is considered unauthorized and that, as a result of such absence, he or she will be deemed to have resigned from service, effective the 15th workday following the commencement of the unauthorized absence or any specified time thereafter. An employee who has been deemed to have resigned pursuant to this section (or, if medically unable, a member of his or her family) shall have 20 workdays from the date the notice was mailed within which to submit a written explanation concerning his or her absence to the deputy chief administrator for management support. Upon receipt of such explanation, the deputy chief administrator for management support shall reinstate the employee, without examination, to the position from which he or she was deemed to have resigned, if vacant, or to any vacant position to which he or she was eligible for transfer or reassignment, and shall have 20 workdays within which to initiate charges against the employee pursuant to section 25.29 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.28