Civil servants in the state of New York or pursuing to civil service law are entitled to receive notice of a suspension and at times that suspension notice will come with an immediate suspension without pay, sometimes employers determine that the seriousness of the alleged misconduct or incompetence warrants removing the employee from the work place immediately. Under civil service law you are going to be suspended without pay for a maximum of 30 days, going forward from there the employer can continue your suspension meaning you are still not able to go to work. However they will have to put you back on payroll and they can leave you out of work indefinitely as long as after that first 30 day period they continue to pay you. There are often exceptions to this and the exceptions can be found in union agreements and collective bargaining agreements as well as in various counties municipalities have independent acts or resolutions that they have passed which can alleviate that 30 day maximum time frame. There are cases where employees who are competitive civil servants and are entitled to have a notice of charges before they are suspended and they can’t be suspended for longer periods of time.
This informational blog post was provided by Kim Berg, an experienced White Plains Employment Lawyer.