Personnel Regulation 35: Probation Period

The probationary period is the final phase of the examination process. It is a trial period during which an employee is required to demonstrate competency in the knowledge, skills, abilities, and character necessary to successfully perform the job and become a regular hire employee. Some positions may also require, as a condition of passing probation, possession of all required certificates and/or licenses. This period will be utilized for closely observing the employee's work to determine the employee's fitness and/suitability for the job and regular hire status.

Upon initial or promotional appointment in the Merit System an employee will serve a probationary period of two thousand eighty (2,080) working hours (exclusive of overtime) or its one year full time equivalency, e.g. 1950 hours, as designated by the applicable labor contract and/or the Director of Human Resources. An employee designated as office/clerical will have a probationary period of one thousand forty (1,040) working hours (exclusive of overtime) or ½ year fulltime equivalency as designated by applicable labor contract and/or the Director of Human Resources.

A. The probationary period will be a period of actual service beginning with the date of original appointment or promotion to a regular full-time or part-time position.

1. The granting of any leave of absence, including military leave, will cause the employee's probationary period to be extended by the length of the leave of absence.
    
2. When an employee has served in a higher class on an acting or temporary basis and then is promoted to a regular vacancy resulting in continuous service in that higher class, the Director of Human Resources may, upon request of the appointing authority, permit time served in acting or temporary status to be counted as part of the probationary period for the higher class.
    
3. Time served in temporary employment (extra-hire, special appointment, or emergency employment), except as provided in 35.3.A.2, will not be counted as part of the probationary period.
    
4. Transfer - When an employee transfers from one department to the same or similar class in another department, the employee will serve 1040 hours or ½ year full time equivalent probationary period.
    
5. Demotion - An employee who demotes to a class in which he or she has already passed probation in the same department will not be required to serve another probationary period. If the demotion is into another department in a class in which they have not held regular status, they will serve the probationary period for that classification.

When a new classification is created, a determination for length of probationary period will be made by the Director of Human Resources.

If a Department Head determines that a change in probationary period is justified, reasons for such change should be submitted to the Director of Human Resources for determination.

An employee in the Merit System who successfully completes the initial probationary period will acquire regular hire status.

At any time during the probationary period an employee may be released from employment without cause and without right of appeal. The probationary employee will be advised of his or her failure to pass the probationary work test period. If a probationary employee believes that he or she has been released from employment due to unlawful discrimination, he or she may file a complaint pursuant to PMR 21.

An employee who is promoted or transferred from a regular position and who is released during the probationary period will be reinstated in his or her original classification in the department from which promoted or transferred unless dismissed for cause which is not related to the ability to perform the work assignment. Release during probation is not subject to appeal and may be done without cause. Cause will not be provided. If a probationary employee believes that he or she has been released from probation due to unlawful discrimination, he or she may file a complaint pursuant to PMR 21.

A. At such time as the County Merit System is extended to cover a new program, incumbent employees with regular status will continue to have regular status if the new program has been covered by a similar Merit or Civil Service System.

B. If the program is not covered by a similar Merit or Civil Service System, an incumbent employee with service equal to or greater than the length of probationary period specified for the County classification may attain regular status through successful completion of a non-competitive qualifying examination.

A new employee serving initial probation is not eligible to be promoted until he or she passes the probationary period or the first half of the probation if probation is twelve months.