The Civil Service Commission has established the Civil Service Adviser to enhance delivery of information on important employment issues and policies affecting the merit system of the City and
CIVIL SERVICE SENIORITY
This issue of the Civil Service Adviser responds to recent questions on civil service seniority. The content in this issue relates specifically to areas under the jurisdiction of the Civil Service Commission.
What is Civil Service Seniority?
Civil service seniority is the length of time that an employee has been certified civil service to a position in a class (job code) and department. Civil service seniority is different from departmental seniority often found in Collective Bargaining Agreements and used to bid for shifts, vacations and other departmental matters.
Why is Civil Service Seniority Important?
Civil service seniority represents the date when civil service rights are applied to employees who have successfully completed the examination process, ranked on an eligible list and have been selected and appointed to a position. These rights include but are not limited to status, layoff, reemployment, bumping or transfer rights.
How is Civil Service Seniority Calculated?
Civil service seniority is calculated from the date the Department of Human Resources (DHR) referred and certified reachable eligibles from an eligible list to a department head which resulted in an appointment to a position in a department. Employees may have the same certification date, but a different start work date. It is the certification date that determines civil service seniority. Civil service seniority in a department for employees, appointed by reinstatement or transfer, for example, is calculated from the date of notice from DHR. However, employees in this example retain citywide civil service seniority from the first date of certification in the class.
How Does Seniority Relate to Layoffs?
Layoffs result from lack of work, lack of funds, displacement by an eligible from a Civil Service list or retrenchment (reduction in anticipation of lack of funds). Layoffs are determined by seniority in an employment status within each class in a department and the City. Within an employment status, the least senior employee in a class, within the department is laid off first and referred to DHR for a determination of citywide seniority and possible placement, reemployment, bumping, or reinstatement rights. Generally, employees without civil service status are laid off prior to employees with civil service status. Employees with civil service status include those employees who have been appointed temporary civil service (appointed from an eligible list to a temporary requisition), probationary or permanent civil service. Generally, temporary civil service employees in the class are laid off before probationary employees. Probationary employees in the class are laid off before permanent civil service employees in the class.
Bumping
The least senior employee in a class within the department is laid off first. Layoffs in each department occur in reverse seniority order i.e. the least senior person is the first to be laid off. Bumping occurs when there are no vacant positions that can be filled by the affected employee resulting in a more senior employee bumping a less senior employee in the same class in another department.
Special Qualifications
On occasion, positions have special job qualifications in addition to the minimum qualifications listed on an examination announcement. These special qualifications are also known as “Exceptions to the Order of Layoff.” Employees, to occupy such positions, must meet the additional qualifications.
Reemployment
In the event of layoff, employees with civil service status are placed on a reemployment list called a “Holdover Roster” in rank order of seniority. Provisional employees do not have civil service rights and therefore are not included on the Holdover Roster. Persons on the Holdover Roster have priority of appointment to vacant positions as they become available. Acceptance of a permanent position in a class and department other than that from which laid off will require a new probationary period. Employees who were laid off during the probationary period and who return to the class and department from which laid off will receive credit for the period of probation served prior to layoff. Holdovers may be required to pass a new medical examination and/or background investigation prior to returning to work.
If a holdover is not reemployed within five years and has not forfeited holdover rights, the Department of Human Resources may, after review of all circumstances, extend holdover status. The decision of the Human Resources Director may be appealed to the Civil Service Commission.