Civil Service

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This page was last updated on December 4, 2024 at 3:08 PM.

Break in Service

When administrative employees leave DOE/City service and subsequently return, they may be considered a new hire, depending on the length of the break in service and the classification of the title they were working on when they departed.  

Rules for Break in Service Based on Employee Civil Service Status 

  1. A provisional employee (or non-permanent (i.e. non-competitive, exempt, unclassified) leaves City service and returns after 31 days; or
  2. A permanent competitive employee leaves City service and returns after one year.  

Employees who have a break in service are considered new employees. As a result, the City Start Date (the date which indicates the first day of City employment) will be updated to the new job appointment date. The employee will also begin accruing annual and sick leave as a new hire in the title they have been appointed to. Any previous time served, even in the same title before the break in service, does not count towards the calculation of leave accruals. Employees are advised to confirm their service history with their Human Resources Director when they are rehired or accept a position with the DOE after a break in service to ensure the City Start Date has been reset and their leave accruals are being calculated appropriately. Leave accruals credited inappropriately will be recouped, even if the leave has already been utilized.  

Conversely, employees transferring in from other City agencies or who are being rehired within the timeframe that constitutes continuous service should check their leave accrual rates in CyberShift to ensure that they are earning the correct annual and sick leave accruals. If there are any discrepancies, the employee should notify their Human Resources Director immediately.  

Note: Employees on approved leaves of absence (whether paid or unpaid) shall not be considered as having a break in service. However, time in non-pay status shall not be counted as part of the calculation of the employees' years of service to determine the monthly rate of leave accruals credited to an employee.

These rules only apply to titles that fall under the purview of the classified civil service system.

Continuous Service

Continuous Service is defined as unbroken service except where:

  1. A non-permanent or a provisional employee leaves city service for more than 31 days; 
    • Employees on approved leaves of absence (whether paid or unpaid) shall not be considered as having a break in service. However, time in non-pay status shall not be counted as part of the calculation of the employee’s years of service for the purpose of determining the rate of leave accrual. 
  2. A permanent competitive employee leaves City service for more than one year. If that employee were to be appointed to another permanent competitive position within the one-year timeframe, that would not constitute a break in service, and the employee would continue with their initial City Start Date.
    • The definition of continuous service does not apply to administrative pedagogical titles, which are not part of the classified civil service system. 

Job Appointment Types

All administrative positions are classified in accordance with New York State Civil Service Law and applicable rules and policies. 

Note: Pedagogical titles do not fall under the purview of New York State Civil Service Law. 

Definitions

Classified Service - this term refers to all offices or positions in the classified civil service system of the City of New York, classified typically under one of these jurisdictional classes: 

  1. Competitive Class - Positions for which merit and fitness for appointment must be demonstrated through a competitive examination. An examination may be a multiple-choice, practical/physical examination, education and experience exam or combination thereof, based upon the duties and qualifications of the title. Appointments are made to positions in the Competitive Class in accordance with New York State Civil Service Law and the Personnel Rules and Regulations of the City of New York (PRR). The following types of appointments may be made within the Competitive Class: 
    1. Permanent - Probationary appointments in the Competitive Class are made from eligible lists established by competitive examinations. Appointments are made by selection of one of the three people certified by the New York City Department of Citywide Administrative Services (DCAS) as standing highest on an eligible list who are willing to accept such appointment or promotion. This means that a candidate on an eligible list must be considered for three separate positions before they may be struck from the list without further consideration. This is commonly known as the “one-in-three rule”. Certain statutory exceptions may apply with respect to breaking ties in rank order. Employees who are appointed from eligible lists and who satisfactorily complete a probationary period are considered permanent and may have certain notice and hearing rights before they can be terminated from their position.
    2. Provisional - An employee may serve in a Competitive Class position on a provisional basis under certain conditions. In the event that a vacancy occurs in a Competitive Class position for which no eligible list exists, the position may be filled by a qualified applicant on a provisional basis. Employees serving provisionally do not have notice or statutory due process rights and may be terminated if a civil service list is established for that title.
    3. Temporary - Temporary appointments may be made in accordance with civil service law to full or part-time positions that are intended to be of limited duration.
  2. Non-Competitive Class - Positions for which it is not practical to administer a competitive examination. Merit and fitness are determined by examining the applicant’s qualifications to determine if the applicant meets the standards required for the position.
  3. Exempt Class Positions – Positions typically with a close and confidential relationship with the appointing authority and/or their deputies, for which the appointing authority is entitled to determine the qualifications and to evaluate merit and fitness, are in the Exempt class.
  4. Labor Class Positions - inclusive of all unskilled laborers for which competitive examination is not practical. 

Office Titles

Employees will be assigned to perform duties and assume responsibilities within the scope of the civil service title to which they are appointed, as may be modified, or supplemented through collective bargaining. Certain employees, depending on the role that they perform, may also be assigned by the Department of Education to an “office title.” Such positions are for more specialized roles. 

Minimum Qualifications

Employees must meet all minimum qualifications for their appointment as outlined in the civil service title specification or Notice of Examination (NOE). Failure to maintain minimum qualifications during employment may result in forfeiture of employment. 

Reinstatement

In accordance with the City of New York’s Personnel Rules and Regulations (PRR), employees who have completed probation in a Competitive Class title and later resign may request reinstatement to their previous title no later than a period equivalent to the time served in the civil service title of the Department of Education and/or the City of New York. However, in no event shall such a period be less than one year or more than four years from the date of resignation. Accordingly, no request for reinstatement will be considered if the former employee served less than one year of actual service in the civil service title of the Department of Education and/or the City of New York or if more than four years have passed from the date of resignation. If an employee wishes to request reinstatement to their civil service title, they should send their written request to the Department of Education’s Civil Service Management Unit (CSMU). Determinations regarding requests for reinstatement are made at the discretion of the Department of Education and require approval from the Department of Citywide Administrative Services. 

Any such reinstatement effected more than one year after such separation shall not constitute continuous service.

Prior Service – Service with the City of New York

Prior service with the Department of Education or with another City of New York agency, or both, will be credited in the calculation of total service for annual leave purposes under the following circumstances:

  • The employee is a permanent employee and is subsequently reinstated or reappointed within one (1) year to a permanent position with the Department of Education;
  • The employee is a permanent employee whose service was terminated without fault or delinquency on their part because of abolition of their position and is subsequently reappointed to a permanent position with the Department of Education, regardless of the length of time between periods of service;
  • The employee has prior service in the capacity of a provisional employee in the Department of Education and there has been no break in service of thirty-one (31) calendar days or more.
  • The employee has prior service in the capacity of a permanent or provisional employee in a New York City public agency and there has been no break in service of thirty-one (31) calendar days or more.

For the purpose of this section, prior service with the City of New York means paid, full-time service as an employee of the Department of Education or a Department or Agency of the City of New York (but not of the State of New York, any other state, or the United States government). Prior service will not be calculated in the computation of total service for leave accrual purposes if the service was with an agency of the State or Federal government.

Probationary Period

For administrative employees appointed from open-competitive or promotional civil service lists, the probationary period is the final phase of the selection process. Candidates must successfully complete a probationary period before they are considered permanent employees. After the satisfactory completion of the probationary period, employees may gain certain statutory or contractual rights. Employees appointed on a provisional or temporary basis do not serve a probationary period. The probationary period for administrative employees appointed from open-competitive and promotional civil service lists is typically one (1) year. Exceptions to this one-year probationary term are generally set forth in the Notice of Examination (NOE) announcing the examination that the employee took. The employee will be notified in writing at the time of appointment of the duration of the probationary period.

Probationary Period

The one (1) year probationary period is comprised of two parts: The first six (6) months in which the probationer’s progress is assessed utilizing the Interim Probationary Report, and the last six (6) months in which the probationer’s performance is assessed in the Final Probationary Report, due at the conclusion of the probationary period.

Probationary Reports

Interim Probationary Report

This report provides an initial assessment of the probationer’s progress and is strongly advised to be completed six (6) months after the appointment is effective. Forms should be completed by the supervisor and signed by the probationer, the supervisor, and the organization head or authorized designee. A copy of the form is to be given to the employee as well as the Civil Service Management Unit, and the original is maintained in the employee’s personnel file at the local level.

Final Probationary Report

The Final Report shall indicate the recommendation of the managers and supervisors as to whether the services of the employee are to be retained, terminated, or extended. A copy of the form is to be given to the employee as well as the Civil Service Management Unit, and the original is maintained in the employee’s personnel file at the local level.

Appointments from Promotional Lists

Permanent employees, serving on a provisional basis on a promotional civil service title, and who have received a promotion from a civil service list, will have the probationary period reduced on a month for month basis up to the full year of the probationary period according to the length of time served as a provisional employee in that title. Employees appointed from promotional lists who fail probation have the right to revert to their prior permanent title.

Appointments from Open-Competitive Lists

As of 9/7/2023, any employee being permanently appointed in a title in which they are serving provisionally will receive probationary credit for all time served provisionally in that title. Employees who are serving in a permanent civil service title and are appointed to a different civil service title from an open competitive list must resign the prior title and have no guaranteed right to revert to their prior title should they fail probation.

Extension of the Probationary Period

The probationary period is automatically extended by the number of days that the probationer is absent or does not perform the duties of the position. Examples of period that the employee does not perform the duties include, but are not limited to annual leave, sick leave, leaves with pay, leaves without pay, assignment to limited or light duty, jury duty, or educational leave.

The only exception to this rule is when an employee has been absent after an appointment on military duty. This time on military duty is credited towards satisfactory completion of the probationary period.

Should the office head be unable to make a definite decision as to retention of the employee on the basis of their services, a written request may be made to the Civil Service Management Unit (CSMU) at least 45 days prior to the end of the original probationary period, with the employee's written approval, for an extension of the probationary period, not to exceed six (6) months, in accordance with applicable Civil Service Law and regulations.

The services of a probationary employee may be terminated at any time during the probationary period in accordance with the provisions of Civil Service Law and regulations.

Retention in service beyond the end of the probationary period is equivalent to permanent employment.

Reinstated Employees

DOE employees who are reinstated to their previous permanent title do not serve a new probationary period.

Demotion to Underlying Title

An employee who is demoted to a formerly held title in which they have completed the probationary period does not serve a new probationary period in that title.

Transfers-In to the DOE

Voluntary Transfer In – Same Title, Different Agency

  • If the probationary period was completed in the original agency, the employee does not serve a new probationary period in the new agency.
  • If the probationary period was not completed in the original agency, the employee must serve the entire probationary period in the new agency.

Voluntary Transfer – Different Title (PRR Rule 6.1.9)

The employee must serve a probationary period in the new title upon appointment.