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Job Abandonment Definition New York

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  • Job Abandonment Definition New York

    Can anyone point me to a definition of job abandonment with respect to an employee in the NYS classified service (Civil Service)?
    Thanks.

  • #2
    Check with the state Labor Board. I don't think we have any responders here who have experience with civil service in your state. Or, if you are a union employee, this might be addressed in your contract.

    However, for private employers, there is no legal definition; it's whatever the employer says it is.
    Last edited by Pattymd; 11-11-2007, 04:46 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Here you go:

      Governer's Office of Employee Relations--New York State
      ARTICLE 36
      Job Abandonment

      1. Any employee absent from work without authorization for 14 consecutive calendar days shall be deemed to have resigned from his or her position if he or she has not provided a satisfactory explanation for such absence on or before the 15th calendar day following the commencement of such unauthorized absence.
      2. Prior to the conclusion of this 15 day period, the appointing authority shall notify the employee and the CSEA Local President by certified mail, return receipt requested, that his or her absence is considered unauthorized and would be deemed to constitute resignation pursuant to Article 36.
      3. Within 15 calendar days commencing from the 15th consecutive day of absence from work without authorization, an employee may submit an explanation concerning his or her absence, to the appointing authority. The burden of proof shall be upon the employee to establish that it was not possible for him or her to report to work or notify the appointing authority, or the appointing authority's designee, of the reason for his or her absence. The appointing authority shall issue a short response within five calendar days after receipt of such explanation. If the employee is not satisfied with the response, CSEA, upon the employee's request, may appeal the appointing authority's response to the Governor's Office of Employee Relations within five calendar days after receipt of the appointing authority's response. The Director of the Governor's Office of Employee Relations, or the Director's designee, shall issue a written response within five calendar days after receiving such appeal. Determinations made pursuant to this subsection shall not be arbitrable.
      Somedays you're the windshield and somedays you're the bug.

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      • #4
        wow, mlane, I'm impressed.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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