Section 5
Effective January 1, 2000, and each April 1st, July 1st, October 1st, or January 1st thereafter, any per diem employee who has worked the appropriate number of hours in the normal full-time week established for such per annum title as listed in Appendix A of this Citywide Agreement for at least eighteen (18) continuous months immediately preceding the beginning of said quarter, and who continues to meet the above-stated conditions without a break in service of more than 31 days, shall be deemed to be an “employee” under Article I, Section 4 of the Citywide Agreement, subject to the conditions listed below.
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The following sections of the Citywide Agreement shall not be applicable: Article V,
Sections 18 (summer hours) and 19 (per diem accrual leave rates); and Article VI, Section
8 (summer hours).
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Seniority for eligibility for benefits pursuant to this Section 5 shall be computed from the date 18 months prior to the date such employee becomes covered by this Section 5.
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These provisions shall not apply to employees hired pursuant to Rule 5.6 of the Personnel Rules and Regulations of the City of New York.
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Notwithstanding the provisions of this Section 5, an employee, who at the time of appointment to a title is assigned to regularly work the normal full-time work week established for such per annum title as listed in Appendix A must continue to work such on a full-time basis for at least 2 years without a break in service of more than 31 days, to be covered by Article XVI (Disciplinary Procedure For Provisional Employees), subject to the conditions listed below.
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The employee must have been serving provisionally in such competitive class
position on a full-time per annum or full-time per diem basis.
- Prior provisional service followed by permanent service may not be aggregated
with current provisional service (e.g. prior provisional service as a temporary or
seasonal “step-up” followed by permanent service may not be counted towards
meeting the service requirement in an employee’s current provisional position)
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For the purposes of this Section 5, Article IX, Section 24 and Article XVI the following
unpaid time in excess of 31 days will not be deemed a break in service or be counted as
service:
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for maternity/childcare leave;
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for military leave;
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jury duty;
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for union business pursuant to Executive Order 75;
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while pending workers' compensation determination;
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while on workers' compensation option 2;
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due to illness or exhaustion of paid sick leave; and
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due to family illness.