Information For Employees Seeking Transfer
The Civil Service Law and Rules provide the conditions under which permanent employees in the competitive class may transfer to a different title, agency or geographic location. Employees must take the initiative by contacting agencies directly or by looking for vacancies.
State agencies have broad discretion in choosing to fill a particular job by transfer. To convince agencies to consider them, employees should provide a current resume describing their work experience, educational background and the specific transfer to be used.
What Are Transfers?
A transfer is the movement of a permanent competitive class employee from a position in one title to a position in a different title, or from a position in one agency to a position in another agency. Both positions must be within the competitive class. Transfers occur with the consent of the employee after nomination by the appointing agency and the approval of the Department of Civil Service. Approval by the agency from which the employee is transferring is not required in order for the transfer to occur.
What Are The Requirements For Transfer?
Generally employees must have had at least one year of permanent service in their current title or at their current salary grade, and the transfer can be to the same or any lower salary grade, but cannot be to a title more than two salary grades (or one M grade) higher than their current title. Employees who are currently serving probation are eligible to transfer. Transfers may not be approved if mandatory reemployment lists exist for the title to which transfer is sought.
The Civil Service Law defines three different kinds of transfers:
- Section 70.1 allows transfer without further examination from one title to another when a sufficient degree of similarity exists between the minimum qualifications, tests and/or duties of the specific titles involved. The appropriateness of transfer is decided on a title-by-title basis at the request of personnel offices of state agencies. This section of the law also allows employees to transfer to another agency in the same title.
- Section 70.4 allows transfer to a title which is not similar, but where the employee meets the qualifications for the title. Usually the employee must pass an examination open to the public for the title before transfer can be approved.
- Section 52.6 allows transfer between administrative titles at the same or similar salary grade. Administrative titles are those involving law, personnel, budgeting, methods and procedures, management, records analysis or administrative research.
What Are The Effects Of Transfer On Employee Status?
- Probation and Leave Of Absence - Employees who transfer are usually required to serve a probationary period in the new title. For titles at or below Grade 13, the probationary term is 8 to 26 weeks. For titles at or above Grade 14, the probationary term is 12 to 52 weeks. At the discretion of the new agency, the probationary period may be waived at the time of the transfer. However, employees who transfer to a title which requires a traineeship, must serve the probationary period designated for that traineeship. Employees who transfer and are serving a probationary period must be granted a leave of absence from their former title for the length of their probationary period.
- Standing On Existing Eligible Lists - Employees who transfer and who are on leave from their former title remain eligible for appointment from promotion eligible lists in their former agency until completion of probation. Once the leave expires their names are removed. Standing on general portions of interdepartmental promotion lists or on open-competitive lists is not affected by transfer. Employees who have completed their probation and have served at least 26 weeks in their new agency may request that their names be added to their new agency's departmental portion of an interdepartmental eligible list.
- Retirement Benefits - Status in the Retirement System is not affected by transfer.
- Seniority - A transfer will not affect an employee's seniority date for credit in future promotion examinations or for layoff purposes. However, an employee's layoff rights will be affected after transfer because probationers must be laid off before permanent employees in the same title who are not on probation. For more information about layoffs, refer to the booklet "Information for State Employees Affected By Layoff" available in agency personnel offices.
- Salary - Determining an employee's salary is a complex matter, which is handled by the Office of the State Comptroller through your agency personnel or finance office. Salary determination is further complicated by the different pay scales for the various negotiating units.
- Leave Credits - Upon transfer from one agency to another, personal, sick and vacation leave credits are transferred and employees are entitled to cash payment for unused compensatory time (up to 30 days). However, employees transferring between units or institutions of the same department, (for example within the Office of Mental Health), cannot receive cash payments. Such credits are transferred to the new unit or institution along with personal, sick and vacation leave.
For More Information:
| Employee Health Insurance | Leave Accruals | Retirement | Salary |
|---|---|---|---|
| (518) 457-5754 - Civil Service | (518) 457-2295 - Civil Service | (518) 474-7736 - Employee Retirement System | Contact your Personnel Office |
For information concerning a specific transfer, contact the Career Mobility Office at 1-800-553-1322 or email: careermobility@cs.state.ny.us
The NYS Department of Civil Service has several Outreach & Information Centers locations which you may visit or call.