BCTC MOU Section 33: Probationary Period

33.1        Length Probationary employees shall undergo a probationary period of one thousand forty (1040) regular hours, unless a longer period, not to exceed two thousand eighty (2080) regular hours is prescribed by the Civil Service Commission for their classifications. If an employee is incapacitated due to medical conditions and is reassigned to work that is not part of the employee’s normal duties, the probationary period for the primary job will be extended for the duration of the reassignment. The employee shall be notified in writing of the probationary extension at the time of the reassignment.

Time worked by an employee in a temporary, extra help, or provisional status shall not count towards completion of the probationary period. The probationary period shall start from the date of probationary appointment.

33.2        Regular Appointment An employee who is not rejected prior to the completion of the prescribed probationary period shall acquire permanent status automatically. Former permanent employees appointed from a reemployment eligible list shall be given permanent appointments when reemployed. Permanent employees who are involuntarily demoted to lower classifications shall be given permanent appointments in the lower classifications.

33.3        Reemployment in New Classification An employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo the probationary period prescribed for the class to which appointed. Former probationary employees whose names were placed on a reemployment eligible list before they achieved permanent status shall start a new probationary period when appointed from a reemployment eligible list.

33.4        Rejection During Probationary Period Appointing authorities may terminate probationary employees at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 36, except when the employee alleges and substantiates in writing that the termination was due to discrimination prohibited by county, state or federal statutes or regulations. If discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due to discrimination. Unless it is determined that there was discrimination, persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. In case of rejections during probationary periods, employees shall be given written notice, with reasons therefor, at once. Upon request by an employee rejected during the probationary period, the Human Resources Department Director may restore the employee’s name to the eligible list for that class, but the employee’s name shall not be certified to the department from which rejected without that department head’s approval.

33.5        Transfer Within Existing Classification Permanent employees who transfer to another position in the same classifi­cation within the same department shall not be required to undergo a new pro­bationary period in the position into which transferred.

Employees who transfer to a class in another series or in another department may be required by the department head to start a new probationary period. If a new probationary period is a condition for transfer, the employee shall sign a statement indicating an understanding of this fact prior to the effective date of the transfer. At the discretion of the Human Resources Department Director, examina­tions to demonstrate fitness may be required before transfers between separate classes can occur. If unsuccessful in the new probationary period, the employee will be terminated from County service.