CNA MOU Section 31: Probationary Period

31.1     Probationary nurses 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.  Individual probationary periods may be extended with good cause upon request of the department head and concurrence of the HRD Director; however, no probationary period shall exceed two thousand eighty (2080) regular hours.  If a nurse is incapacitated due to medical conditions and is reassigned to work that is not part of his/her normal duties, the probation period for the primary job will be extended for the duration of the reassignment.  The nurse shall be notified in writing of the probationary extension at the time of the reassignment.

Time worked by a nurse 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.

 

31.2     A nurse 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 demoted to lower classifications shall be given permanent appointments in the lower classifications.

 

31.3     A nurse 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.

 

31.4     The appointing authority may terminate a probationary nurse at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 34 (Grievances) hereof, except when the nurse alleges 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; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority.  In case of rejections during probationary periods, nurses shall be given written notice, with reasons therefore, at once.

The HRD Director may, upon request by a nurse rejected during probation, restore that nurse’s name to the eligible list for that class.  However, the nurse’s name shall not be certified to the department from which rejected without approval of the department head.

 

31.5     Permanent nurses who transfer to another position in the same class shall not be required to undergo a new probationary period in the position into which transferred.

Nurses 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 nurse must sign a statement indicating an understanding of this fact prior to the effective date of the transfer.  At the discretion of the HRD Director, examinations to demonstrate fitness may be required before transfers between separate classes can occur.

If a new probationary period is in force, the nurse shall have a window period of twenty-eight (28) days from the date of transfer to elect to return to his/her former position.  Should a nurse be rejected at a point beyond the window period, and the nurse had prior permanent status, he/she shall have the right to return to their former department if a vacancy in their former classification exists.  If no vacancy exists, such nurses shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide.  If no vacancy exists, such nurses shall displace the least senior employee as determined by Section 18.  If no less senior position exists, then the nurse shall be removed from County service.