N.Y. Comp. Codes R. & Regs. tit. 22 § 25.22

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.22 - Probation

(a) Probationary term.

(1) Except as otherwise provided every permanent appointment from an open competitive list and every original appointment to the noncompetitive, exempt or labor class shall be subject to a probationary term of not less than 26 nor more than 52 weeks. This probationary term also shall apply to each appointment to a position in which the appointee is not under the regular supervision of the appointing authority until the completion of prescribed schooling or off- the-job training; provided, however, that such probationary term, in this case, shall commence after the successful completion of such training.

(2) Except as otherwise provided, every promotion to a position shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks. For the purposes of this subdivision, the term promotion shall include the appointment of an employee to a higher-grade position in the noncompetitive, exempt or labor class.

(3) Every transfer and reassignment, as defined in section 25.26 of this Part, to a position shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks, provided, however, (i) that this paragraph shall apply to a reassignment only where the reassignment is to a court under the supervision of a different Administrative Judge, and (ii) that the appointing authority having jurisdiction over a position to which transfer or reassignment is sought may elect to waive the probationary term required for such position.

(4) The Chief Administrator of the Courts may establish, for specified titles, shorter periods of probation for promotions, transfers and reassignments than those set forth in paragraphs (2) and (3) of this subdivision.

(5)

(i) An appointment, promotion, transfer or reassignment shall become permanent upon the retention of the probationer after completion of the maximum period of service of the probationary term or upon earlier written notice, following completion of the minimum period, that the probationary term is successfully completed, or, in the case of a transfer or reassignment, upon written notice that the appointing authority has elected to waive the serving of the probationary term.

(ii) If the conduct or performance of a probationer is not satisfactory, his or her employment from such position may be terminated at any time after eight weeks and before completion of the maximum period of service, provided that the appointing authority may, in his or her discretion, and with notice to the probationer prior to the end of the probationary term, extend the probationary period for an additional term of not less than 12 nor more than 26 weeks in a different assignment, in which case the appointment may be made permanent at any time after completion of 12 weeks of service, or the employment terminated at any time after the completion of eight weeks of service, and on or before the completion of 26 weeks of service.

(iii) The probationer's supervisor shall carefully observe the probationer's conduct and performance and, at least two weeks prior to the end of the probationary term, shall report thereon in writing to the appointing authority or his or her designee. The supervisor shall also, from time to time during the probationary term, advise the probationer of his or her status and progress. A probationer whose services are to be terminated for unsatisfactory service shall receive written notice at least one week prior to such termination and, upon request, shall be granted an interview with the appointing authority or his or her representative.

(b) Trainee appointment or promotion. The probationary term for a trainee appointment or trainee promotion shall coincide with the term of training service. If the conduct or performance of the probationer is not satisfactory, his or her employment may be terminated at any time after the completion of a specified minimum period of service and on or before the completion of the term of training service. Such specified minimum period of service, unless otherwise prescribed in the announcement of examination, shall be eight weeks.

(c) Transfers and reassignments. A probationer shall be eligible for transfer or reassignment, provided, however, that upon such transfer or upon a reassignment requiring service of a probationary period, he or she shall serve a complete probationary period in the new position in the same manner and subject to the same conditions as required upon his or her employment in the position from which transfer or reassignment is made.

(d) Leave of absence. When a permanent employee is promoted, transferred or reassigned to a position in which he or she is required to serve a probationary term, the position thus vacated shall not be filled during such probationary term except on a temporary basis or by an appointment made pursuant to section 25.24 of this Part. The employee so promoted, transferred or reassigned shall be deemed to be on leave of absence from the vacated position. At any time during such probationary term, the employee shall have the right, upon reasonable notice, to return to his or her previous position at his or her own election. If the conduct or performance of the probationer is not satisfactory, the probationer shall be restored to his or her former permanent position.

(e) Reinstatement. An employee who is reinstated to a position in accordance with section 25.28 of this Part shall serve a new probationary period in the same manner and subject to the same requirements as apply upon original appointment to such position, unless otherwise provided by the Chief Administrator of the Courts.

(f) Absence during probationary term. Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term, or aggregating up to 20 workdays if the maximum term exceeds 26 weeks, may, in the discretion of the appointing authority, be considered as time served in the probationary term. When the probationary term for a trainee appointment exceeds one year, any periods of authorized or unauthorized absence in such probationary term aggregating up to 20 workdays multiplied by the number of years, including a fraction of a year, constituting the probationary term, may in the discretion of the appointing authority, be considered as time served in the probationary term. Any such periods of absence not so considered by the appointing authority as time served in the probationary term, and any periods of absence in excess of periods considered by the appointing authority as time served in the probationary term pursuant to this subdivision, shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of absence which, pursuant to this subdivision, are not counted as time served in the probationary term.

(g) Restoration to eligible list. A probationer whose employment is terminated, or who resigns, before the end of his or her probationary term may request that his or her name be restored to the eligible list from which he or she was appointed, provided such list is still in existence. The probationer's name may be restored to such list if the Chief Administrator, after due inquiry, determines that the probationer's service was such that he or she should be given another opportunity for appointment.

(h) Service in higher-level position. When an employee who has not completed his or her probationary term is appointed to a higher-level position, the period of service rendered by such employee in such higher-level position may, in the discretion of the appointing authority, be considered as satisfactory probationary service in the lower position and may be counted as such in determining the satisfactory completion of such probationary term. At any time after the expiration of the minimum period of the probationary term, or the entire probationary term if it be one of fixed duration, the appointing authority shall, on request of such probationer, furnish a decision in writing as to whether or not service in such higher-level position shall be considered as satisfactory probationary service. In the event of an adverse decision by the appointing authority, such probationer, at his or her request, shall be returned to the lower position for sufficient time to permit the probationer to complete his or her probationary term. The employment of such a probationer in his or her lower position shall not be terminated at the end of the probationary term on account of unsatisfactory service unless he or she shall have actually served in such position, in the aggregate, at least a period of eight weeks.

(i) Removal during probationary term. Nothing contained in this section shall be construed to limit or otherwise affect the authority to remove a probationer at any time during the probationary term for job abandonment pursuant to the provisions of section 25.28(e) of this Part, or for incompetency or misconduct.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.22

Amended New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff.6/24/2015