BILL NUMBER: S8557
SPONSOR: JACKSON
 
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 for 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 of
their job and are routinely assessed by their managers. During this
time, they can be terminated 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 spent as a provisional employee for promotional examinations. To
take a promotional examination, 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.

Statutes affected:
S8557: 52 civil service law, 52(10) civil service law