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200-4
Subject: Termination of employees who are absent without leave
Supersedes: Personnel Policy and Procedure No. 783-87
Source: City Personnel Director Rule 6.4.3; Civil Service Law Section
75
Date: March 21, 1997
I. Background
City Personnel Director Rule 6.4.3 provides that if an employee is absent
without leave (AWOL) for a period of twenty consecutive work days and fails
to communicate with his/her employing agency in a manner prescribed by that
agency, then such an absence shall be considered a resignation unless the
appointing officer accepts an explanation. The rule also provides an employee
absent without leave who is covered by Section 75 of the Civil Service Law
is entitled to certain disciplinary rights. Section 75 applies to permanent,
competitive class employees. It may also apply, under limited circumstances,
to employees serving in positions in other classes of the classified service.
In addition, employees not covered by Section 75 may be entitled to disciplinary
rights under their collective bargaining agreements.
II. Procedure
A. Employees Not Covered by Section 75 of the Civil Service Law
1. The agency shall send
the employee written notification that he/she is deemed to have resigned
effective the first day of the absence, unless the employee offers an
explanation for his/her unauthorized absence that is acceptable to the
appointing officer.
2. The agency shall state the basis for the determination in the letter
and enclose a copy of City Personnel Director Rule 6.4.3.
3. Such absence shall constitute a cause for action against an employee
who is entitled to disciplinary appeal rights by virtue of a collective
bargaining agreement. In such cases, follow the procedure set forth
in the agreement.
B. Employees Covered by
Section 75 of the Civil Service Law
1. The Agency Disciplinary
Advocate shall commence proceedings subject to the provisions of Section
75 of the Civil Service Law.
2. Employees can be deemed to have resigned only after the notice and
hearing provisions contained in Section 75 of the Civil Service Law.
3. Employees who are in titles covered by collective bargaining agreements
may choose to go under the disciplinary procedures provided therein.
In such case they must waive their rights under Section 75.
C. Agency Responsibilities
Agencies are to ensure that all of their employees are informed, preferably
in writing, of the manner in which absences are required to be reported
to the agency, and are to take appropriate action, as above, when employees
fail to comply.
William J. Diamond
Commissioner
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