N.Y. Comp. Codes R. & Regs. tit. 9, § 151.4 – Performance evaluation.

(a) Employees with 120 workdays in grade in fiscal year 1980-81 who are scheduled to be evaluated on April 1, 1981 for the period October 1, 1980 through March 31, 1981 shall be evaluated on or about May 1, 1981 for the period February 1, 1981 through April 30, 1981. The April 1, 1981 through September 30, 1981 evaluation period will be adjusted to reflect the modifications to the earlier evaluation period and consist of the period of May 1, 1981 through September 30, 1981. Employees will be evaluated on or about October 1, 1981. Subsequent evaluations for such employees shall be conducted each six months thereafter. These adjustments do not affect employee eligibility for, or effective dates of, performance advances. Employees who change grades shall be evaluated after six months of service in the new grade. New appointees shall be evaluated after six months of service in grade. Subsequent evaluations shall be conducted after each six months of service in grade.
(b) Supervisors shall evaluate eligible employees against a written performance program comprised of objectives, tasks and standards established by the supervisor upon review and approval of the reviewer. The approved performance program must be given and thoroughly explained to the employee at the onset of the evaluation period. The employee may attach written comments concerning the program; however, such comments shall serve as a formal expression of the employee's point of view and not a change of the performance program. Upon completion of the six-month evaluation period, the supervisor shall evaluate the employee's actual performance against the standards in the evaluation program.
(c) Based upon the content of the evaluation report, the employee shall receive one of the following performance ratings to reflect a summary description of the employee's overall performance:
1. (1) Effective. The employee has successfully achieved the objectives or performed the tasks specified in the performance program. It is only when the employee's performance clearly shows accomplishments above or below this expected performance level that a rating other than effective should be considered. In the upper range of this category, the employee always meets and sometimes exceeds performance standards. In the middle range, which is the expected and usual level of performance for most employees, the employee meets all performance standards effectively and efficiently. In the lower range, the employee meets performance standards at a minimally acceptable level; some assignments may require extra direction by the supervisor, or the supervisor may find it necessary to avoid assigning the more difficult tasks or responsibilities to the employee.
2. (2) Outstanding. The employee's performance is clearly exceptional in comparison with performance standards specified in the performance program. The performance consistently exceeds the requirements for all the tasks, assignments or activities, and the objectives which were to be accomplished during the evaluation period. The employee can be relied upon to perform the most difficult assignments and has made exceptional contributions to the work of the unit.
3. (3) Below minimum. The employee has failed to meet one or more of the performance standards specified in the performance program. The employee cannot be relied upon to carry out critical assignments in a timely or effective fashion. There is a need for immediate and significant improvement in performance.
  The evaluation report must be reviewed and approved by the reviewer before it is given to the employee. Upon approval of the reviewer, the evaluation report is final, except for recommended performance advances for employees subject to the variable rate payment system.
(d) Employees covered by the provisions of this Part must be on the payroll at the time of rating. Eligible employees who have 120 workdays in grade in fiscal year 1980-81 and who are off the payroll at the time of the rating shall be evaluated upon return to their position in regular full-pay status. Employees who do not have 120 workdays in grade in fiscal year 1980-81 who are off the payroll or in less than regular full-pay status for a full payroll period or more shall not have such payroll period or periods included in the rating period. When an employee is off the payroll or in less than regular full-pay status for a full payroll period or more, the employee's rating period is to be extended by the same amount of time (in multiples of full payroll periods).