SEIU 35: Probationary Period

35.1 Length
Probationary workers shall undergo a probationary period of 1040 regular hours, unless a longer period, not to exceed 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 Human Resources Director; however, no probationary period shall exceed 2080 regular hours. If a worker is incapacitated due to medical conditions and is reassigned to work that is not part of the worker’s normal duties, the probation period for the primary job will be extended for the duration of the reassignment. The worker shall be notified in writing of the probationary extension at the time of the reassignment.

Time worked by a worker 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.

 

35.2 Regular Appointment
Employees in flexibly staffed classifications who are hired at the “I” level must serve a 9 month (1560 hour) probationary period. There shall be no separate probationary period when the employee is promoted from the trainee to the journey level, however, if the employee is promoted prior to the end of the 1560 hour probationary period, he/she shall continue to be on probation until the entire 1560 hour probationary period is served. Employees in flexibly staffed classifications who are hired at the “II” level must serve a 6 month (1040 hour) probationary period. A worker who is not rejected prior to the completion of the prescribed probationary period shall acquire permanent status automatically.

 

35.3 Reemployment
Former permanent workers appointed from a reemployment eligible list shall be given permanent appointments when reemployed. Permanent workers who are involuntarily demoted to lower classifications shall be given permanent appointments in the lower classifications.

 

35.4 Reemployment in New Classification
A worker 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 workers 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.

 

35.5 Rejection During Probationary Period
The appointing authority may terminate a probationary worker at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 38 hereof, except when the worker 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; 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, workers shall be given written notice, with reasons therefor, at once. The Human Resources Director may, upon request by a worker rejected during his/her probationary period, restore that worker’s name to the eligible list for that classification. However, the worker’s name shall not be certified to the department from which rejected without approval of the department head.

 

35.6 Transfer Within Existing Classification
Permanent workers 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.

Workers who transfer within the same class to 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 worker must sign a statement indicating an understanding of this fact prior to the effective date of the transfer.

If a new probationary period is in force, the worker shall have a window period of 28 days from the date of transfer to elect to return to his/her former position. Should a worker be rejected at a point beyond the window period, 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 workers shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide. Should the longest standing vacancy entail “unusual” work hours, the worker shall have the one-time option of returning to the second longest standing vacancy should one exist. (“Unusual” shall mean work hours or work week dissimilar to those of the position from which or to which the worker was promoted.) If no vacancy exists, such workers shall displace the least senior worker as determined by Section 15. If no less senior position exists, the worker shall be removed from County service.