L.S., CSC Docket No. 2023-315

BackgroundL.S. requests to take a make-up examination for Environmental Specialist 2 (PS0407T), Department of Transportation.

By way of background, nine employees applied for the subject examination and nine were admitted, including L.S. On May 12, 2022, notice was sent indicating that the examination was to be administered on June 7, 2022. In a request received by this agency on May 31, 2022, L.S. requested that she be provided a make-up examination as she was caring for her mother who has various serious health issues. Additionally, she was assisting her father with his care. She also noted the challenges that she has in preparing for the examination due to the time she spends caring for her parents and she never knows when there will be an emergency caring for her mother. L.S. did not sit for the June 7, 2022, examination, which resulted in six eligibles. On July 21, 2022, this agency denied her request for a make-up examination indicating that she did not meet the criteria under N.J.A.C. 4A:4-2.9. On July 28, 2022, certification PS220885 was issued containing the names of the six eligibles who were all appointed effective that same date. L.S. is provisionally serving in the subject title. The list expires on July 27, 2025.

Appellant's argumentIn her request, L.S. reiterates the medical issues that her mother is experiencing. She provides documentation to support her statements. She explains the challenges in obtaining documentation regarding her mother’s health conditions and why it took more time than expected to receive it. Additionally, she describes in more detail the assistance that she is providing her father.

CONCLUSION

RuleN.J.A.C. 4A:4-2.9(a) provides that make-up examinations, except for professional level engineering promotional examinations and public safety open competitive and promotional examinations, may be authorized for the following reasons:

1. Error by Civil Service Commission (Commission) or the appointing authority;

Analysis2. Serious illness or disability of the candidate on the test date, provided the candidate submits a doctor’s certificate specifying that the candidate was not able to take the test on that day for medical reasons;

3. Documented serious illness or death in the candidate’s immediate family;

4. Natural disaster;

5. Prior vacation or travel plans outside of New Jersey or any contiguous state, which cannot be reasonably changed, as evidenced by a sworn statement and relevant documentation;

6. When required for certain persons returning from military services (see N.J.A.C. 4A:4-4.6A); and

7. Other valid reasons.

In this matter, the Commission finds that L.S. has now sufficiently documented that her mother is suffering from serious illness. Further, the current list is exhausted and L.S. continues to serve provisionally in the subject title. Under these circumstances, the Commission finds that L.S. has presented a valid reason to be granted a make-up examination.

ORDER

Therefore, it is ordered that this request be granted. L.S. should be scheduled for a make-up examination for Environmental Specialist 2 (PS0407T), Department of Transportation and, if she achieves a passing score, her name should be added to the subject list for prospective employment opportunities only.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.