N.Y. Civil Service Law § 64: Temporary appointments

§ 64. Temporary appointments. 1. Temporary appointments authorized;

duration. A temporary appointment may be made for a period not

exceeding three months when the need for such service is important and

urgent. A temporary appointment may be made for a period exceeding

three months under the following circumstances only:

(a) when an employee is on leave of absence from his position, a

temporary appointment to such position may be made for a period not

exceeding the authorized duration of such leave of absence as prescribed

by statute or rule;

(b) a temporary appointment may be made for a period not exceeding six

months when it is found by the state civil service department or

appropriate municipal civil service commission, upon due inquiry, that

the position to which such appointment is proposed will not continue in

existence for a longer period; provided, however, that where a temporary

appointment is made to a position originally expected to exist for no

longer than six months and it subsequently develops that such position

will remain in existence beyond such six-month period, such temporary

appointment may be extended, with the approval of the state civil

service department or municipal civil service commission having

jurisdiction, for a further period not to exceed an additional six

months;

(c) when the department of civil service or appropriate municipal

civil service commission of any city containing more than one county

finds that a reduction or abolition of positions in the state service or

such city service is planned or imminent and that such reduction or

abolition of positions will probably result in the suspension or

demotion of permanent employees, such department or commission may

authorize temporary instead of permanent appointments to be made for a

period not exceeding one year in positions in state service or such city

service to which permanent employees to be affected by such abolition or

reduction of positions will be eligible for transfer or reassignment.

Successive temporary appointments shall not be made to the same

position after the expiration of the authorized period of the original

temporary appointment to such position.

2. Temporary appointments from eligible lists. A temporary appointment

for a period not exceeding three months may be made without regard to

existing eligible lists. A temporary appointment for a period exceeding

three months but not exceeding six months may be by the selection of a

person from an appropriate eligible list, if available, without regard

to the relative standing of such person on such list. Any further

temporary appointment beyond such six month period or any temporary

appointment originally made for a period exceeding six months shall be

made by the selection of an appointee from among those graded highest on

an appropriate eligible list, if available.

3. Temporary appointments without examination in exceptional cases.

Notwithstanding the provisions of subdivisions one and two of this

section, the civil service department or municipal commission having

jurisdiction may authorize a temporary appointment, without examination,

when the person appointed will render professional, scientific,

technical or other expert services (1) on an occasional basis or (2) on

a full-time or regular part-time basis in a temporary position

established to conduct a special study or project for a period not

exceeding eighteen months. Such appointment may be authorized only in a

case where, because of the nature of the services to be rendered and the

temporary or occasional character of such services, it would not be

practicable to hold an examination of any kind.

4. The state and municipal civil service commissions may, by rule,

provide for the extension of some or all of the rights and benefits of

permanent status to an employee who is appointed or promoted, after

having qualified therefor in the same manner as required for permanent

appointment or promotion, to a position left temporarily vacant by the

leave of absence of the permanent incumbent thereof. Such rights and

benefits shall be subject to such conditions and limitations as may be

prescribed in the rules.