35.1     Length

Probationary employees 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 an employee is incapacitated due to medical conditions and is reassigned to work that is not part of the employee’s 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.

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.

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, they 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. An employee who is not rejected prior to the completion of the prescribed probationary period shall acquire permanent status automatically.

35.3     Reemployment

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.

35.4     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.

35.5     Rejection During Probationary Period

The appointing authority may terminate a probationary employee 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 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; 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 Human Resources Director may, upon request by an employee rejected during their probationary period, restore that employee’s name to the eligible list for that classification. However, the employee’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 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 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 employee 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 employee shall have a window period of 28 days from the date of transfer to elect to return to their former position. Should an employee be rejected at a point beyond the window period, they shall have the right to return to their former department if a vacancy in their former classification exists. If no vacancy exists, such employees 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 employee 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 employee was promoted.)  If no vacancy exists, such employees shall displace the least senior employee as determined by Section 15. If no less senior position exists, the employee shall be removed from County service.