LEU MOU Section 33: Probationary Period

33.1     Probationary employees shall undergo a probationary period of 6 months unless a longer period is prescribed by the Civil Service Commission for their classes.  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 12 months except as stipulated below.  If an employee 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 employee shall be notified in writing of the probationary extension at the time of the reassignment.  Certain positions in the unit may have probation periods established by the Civil Service Commission of 18 months.  If an employee 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.  If an employee is in a class that has an 18 month probation period there shall be no extension.

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

 

33.2     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 re‑employment eligible list shall be given permanent appointments when reemployed.  Permanent employees who are demoted to a lower class shall be given permanent appointments in the lower class.

 

33.3     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 class 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     The appointing authority 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 34, except when the employee alleges 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, employees shall be given written notice, with reasons therefor, at once.  The HRD Director may, upon request by an employee rejected during the probationary period, restore his/her name to the eligible list for that class.  However, the employee’s name shall not be certified to the department from which rejected without approval of the department head.

 

33.5     Permanent employees 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.  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 unsuccessful in the new probationary period, the employee will be terminated from County service.  If a new probationary period is a condition for transfer, the employee 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 qualifications may be required before transfers between separate classes can occur.

If a new probationary period is in force, the employee shall have a 28 day window period from the date of transfer to elect to return to their former position. If an employee is rejected at a point beyond the window period and he/she had prior permanent status, he/she shall have the right to return to their former department if a vacancy exists.  If no vacancy exists, such employees shall be placed in the longest standing vacancy, as determined by the requisition form date, County‑wide.  If no vacancy exists, such employees shall displace the least senior employee as determined by Rule XVI.  If no less senior position exists, the employee shall be removed from County service.

33.6     Probationary employees who are injured on the job shall have any time off work in excess of 30 days added to their probation period.  If an employee has not completed at least 90 days of service, the probation period will start over when the employee returns to work.