Probationary Period

1 Probationary Period200-6 RSubject: Probationary PeriodSupersedes: Personnel Services Bulletin No. 200-6 Source: Personnel Rules and Regulations of the City of New York , , and ;General Examination Regulation ; New York Civil Service Law Sections 63 and ; NewYork Military Law Section ; and Citywide : April 17, 2000I. Background and PolicyFor employees appointed from competitive civil service lists, the probationaryperiod is the final phase of the selection process. Candidates must be notified inwriting of the applicable Probationary Period before commencing this time, the agency should carefully evaluate the probationer'sperformance on factors not measured by the examination as well as theprobationer's ability to apply previously tested class, non-competitive class and exempt class employees also serveprobationary Probationary Period should be used to evaluate whether the probationer canand does perform the job satisfactorily.

2 It should not be taken for granted, butshould be used as a tool to identify those who do not perform competently. Afterthe satisfactory completion of the Probationary Period , employees may gain certainstatutory or contractual rights, which make it much more difficult to subsequentlyterminate the employees' services. It is every agency's responsibility to use theprobationary Period to ensure that the quality of New York City's work forceremains appointed on a provisional or temporary basis do not serve probationaryperiods. Provisional employees covered by the Citywide Agreement gain disciplinaryrights after two years of service, but are not considered to be , prior service as a provisional or temporary employee cannot becounted towards the completion of the Probationary Period when such employeesare hired from an open competitive list unless the employee is in a title covered bythe Citywide Agreement.

3 (See PSB No. 200-11).A. Length of the Probationary Period1. Appointments from Open Competitive ListsUnless otherwise provided in the Terms and Conditions of the certification forappointment, pursuant to the Personnel Rules and Regulations of the City of NewYork ("PRR"), all employees appointed from open competitive lists must serve aone-year Probationary Period (PRR Rule ). The Probationary Period begins onthe date the employee reports for work in the title after appointment from the to this one-year Probationary term are generally noted in the Notice ofExamination ("NOE"). The Probationary Period on appointment from an opencompetitive list cannot be waived. However, credit for prior provisional service foremployees in titles covered by the Citywide Agreement will be granted inaccordance with PSB No. Appointments from Promotion ListsProbationary Perioda.

4 Unless otherwise provided in the Terms and Conditions of thecertification for appointment, the Probationary Period for employeesappointed from promotion lists is one year (PRR Rule (a)). Theprobationary Period begins on the date the employee reports forwork in the title after appointment from the list. Exceptions to thisone-year Probationary term are generally noted in the , the promotion Probationary Period may be waived by theagency at the time of promotion, or the balance may be waived atany time during the Probationary Period (PRR Rule ).b. Upon promotion, a Probationary Period is not required if thefollowing conditions exist (PRR Rule (a)):(i) promotee served on a provisional or temporarybasis in the same promotion title for a continuousperiod equal to or greater than the Probationary periodfor the title; and(ii) such service was immediately prior to permanentpromotion to that title; and(iii) promotion is to the same title and job assignmentor, as determined by the Deputy Commissioner forCitywide Personnel Services, to a similar title and jobassignment, in the same Partial credit for prior provisional service for employees promotedto titles covered by the Citywide Agreement will be granted inaccordance with PSB No.

5 Non-Competitive Appointmentsa. Unless otherwise set forth in the terms and conditions forappointment, the Probationary Period for non-competitiveappointments is six months. The appointee shall be informed of theapplicable Probationary Period . The applicable Probationary periodcannot be waived. Completion of the Probationary Period does notgrant the non-competitive employee permanent Some non-competitive positions are covered by collectivebargaining agreements which provide disciplinary rights aftercompletion of the Probationary Non-competitive employees not serving in policy making and/orconfidential capacities gain Civil Service Law ("CSL") 75 disciplinaryrights after a Period of five years (CSL (c)). Non-competitivetitles covered by 75 are classified as Part II titles in the non-competitive class of the City's Classification. Non-competitive classtitles that have been classified as policy-making and/or confidentialare classified as Part I titles in the non-competitive class and areexcluded from CSL 75 Labor Class AppointmentsThe Probationary Period for employees appointed to the labor class isone year (PRR Rule (a)).

6 This Probationary Period cannot Exempt Class Appointmentsa. The Probationary Period for exempt class appointments is sixmonths. This Probationary Period cannot be waived. Completion ofthe Probationary Period does not grant the exempt employeepermanent tenure (PRR Rule (b)). Probationary Periodb. Exempt class employees are not covered by CSL Extension of the Probationary Period1. At the written request of the agency specifying the reasons for the extension,and with the written consent of the probationer, the Deputy Commissioner forCitywide Personnel Services may authorize the extension of the Probationary periodfor one or more additional periods totaling no more than six months (PRR (a)).2. The Probationary Period shall be extended by the number of days theprobationer is absent or does not perform the duties of the position during both theoriginal Probationary Period and the extended Probationary Period , if any (PRR (b)).

7 However, the employee must be so notified prior to the expiration of theoriginal Probationary Period or the Military Service1. After appointment, time spent on military duty is credited toward satisfactorycompletion of the Probationary If an employee's Probationary Period is interrupted by an educational leave toattend a service school of the organized militia of the state or of the armed forcesof the United States, the time on military educational leave shall not count assatisfactory Probationary service. Therefore, the Probationary Period must becompleted upon return to City service (PRR Rule ).D. Effects of Changes in Status on Probationary Period1. Maturation of Competitive TraineesThe Notice of Examination will define the Probationary Period for service in traineepositions and upon maturation to the permanent Transfers or Changes of Titlea.

8 Voluntary transfer - Same Title, Different Agency(i) If the Probationary Period was completed in the original agency, the employeedoes not serve a Probationary Period in the new agency.(ii) If the Probationary Period was not completed in the original agency, theemployee must serve the entire Probationary Period in the new Voluntary Transfer - Different Title (PRR Rule ), Same or Different AgencyAlthough the employee must have completed the Probationary Period in the formertitle to be eligible for a change of title under PRR Rule , the employee mustserve the full Probationary Period in the new title unless the employee is coveredby PSB No. 200-11. (See PSB No. 200-11 for credit for prior provisional service.)This new Probationary Period may be waived upon written request of the agencyand approval by the Deputy Commissioner for Citywide Personnel the employee is "covered" as defined in PSB No.

9 200-10, and the probationaryperiod in the new title is not waived, the employee will be given a ConditionalResignation and a Leave of Absence for the duration of the employee'sprobationary Period , provided the employee submits Form DP-2156 to theemployee's agency Personnel Director. If the employee is not "covered" as definedin PSB No. 200-10 or if the Probationary Period in the new title is waived, theemployee is considered to have resigned from the former title held before a of title is effectuated, and there is no guarantee that he/she can return tothe former title. Even if the employee does return to the former title, there is noguarantee that the employee will return to his/her previous job assignment. Probationary periodProbationary Period notProbationary Periodwaived upon titlechangewaivedupon title changeEmployee coveredunder PSB resigns fromformer titleEmployee granted LOApursuant to PSB No.

10 200-10 Employee notcovered under PSB resigns fromformer titleEmployee resigns fromformer titlec. Involuntary Transfer - Functional Transfer or Transfer to AvoidLayoffNo new Probationary Period is required. However, a probationaryemployee is credited only for the Period of time already served onprobation and must complete the Employees Receiving Demotions/ReassignmentsAn employee who is demoted or reassigned to a formerly held title in which he/shehas completed the Probationary Period does not serve a new Probationary Period inthat Reinstated Employeesb. Preferred List/Recall List(i) Probationary Period CompletedEmployees who completed their Probationary Period for a title, and arereinstated/appointed from a preferred/recall list, do not serve a new probationaryperiod.(ii) Probationary Period Not CompletedEmployees who did not complete their Probationary periods and who arereinstated/reappointed from preferred/recall lists, must complete the remainingportion of their Probationary Resignees and Retirees Who Have Completed their Probationary periods inPositions in the Competitive or Labor ClassThe decision whether resignees or retirees who are reinstated should serve anadditional Probationary Period is made by the hiring agency.