§ 220. Classified employees in exempt positions
(a) A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position. Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.
(b) During service in the exempt position, and if the approved request so specifies, the employee's rights to sick leave and rights under retirement and insurance plans shall be continued.
(c) Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:
(1) the employee's approved request specifies a right to return to classified service;
(2) the classified position is vacant and is at the same or a lower pay grade as the employee's previous classified position; and
(3) the employee possesses the minimum qualifications required in the specification for that position class.
(d) If an employee accepts an offer of employment under subsection (c) of this section, and if the employee's approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.
(e) Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position. (Added 1987, No. 243 (Adj. Sess.), § 5, eff. June 13, 1988; amended 1993, No. 227 (Adj. Sess.), §§ 15, 16; 2003, No. 156 (Adj. Sess.), § 15.)