ARTICLE 2.
EMPLOYMENT
EFFECTIVE DATE: 05/04/98
RULE 209. PROBATIONARY
PERIOD
REVISED DATE:
A. GENERAL:
1. All Judicial service appointments, except temporary, emergency, and intermittent,
shall be
subject to the satisfactory completion of a probationary period. This applies
also to subsequent
appointments in connection with a promotion, reappointment,
disciplinary demotion, certain types
of reinstatement or transfer. The probationary
period shall be considered an integral part of the
selection process and shall be
utilized for closely observing the employee's work, for securing the
most effective
adjustment of a new, promoted, transferred, reappointed, applicable reinstated or
demoted employee and for removal of any employee whose performance, conduct or
work
relations are not satisfactory.
2. Probationary employees who fail any probationary period have no right of appeal,
except in cases
of alleged illegal discrimination.
B. LENGTH OF PROBATIONARY PERIODS:
1. For classified employees appointed after the effective date of these Rules, original,
promotion,
demotion, transfer, reinstatement and reappointment, probationary
periods shall be twelve (12)
months. However, the Division Head may extend a
probationary period for up to an additional
six (6) months. In no case may an
original probationary period be longer than eighteen (18) months.
2. For classified employees appointed prior to the effective date of these Rules, the
length of the
original promotion, demotion, transfer, reinstatement or reappointment
probationary period shall
be of the duration specified at the date the employee was
appointed. Probationary periods falling
under this Rule may be extended for a maxi-
mum additional period of six (6) months by the
applicable Division Head.
3. An employee who leaves Judicial employment while in a probationary status or for
any other
reason fails to complete a probationary period, and who returns to Judicial
employment, must
complete a new probationary period as provided by these Rules.
4. Absence from work for more than forty (40) hours during any probationary period
shall serve to
automatically extend the probationary period by an equal number of
work hours.
C. TYPES OF PROBATIONARY PERIODS:
1. ORIGINAL PROBATIONARY APPOINTMENT:
a. All appointments in the classified service shall serve an original probationary
period.
Probationary employees who successfully complete their
probationary period shall be
granted regular status upon completion of the
probationary period.
b. An original probationary employee accepting another Judicial position prior
to the
completion of the original probationary period in their current position,
shall begin a new
original probationary period for the new position, but shall
retain the original date of hire
for longevity purposes.
c. Probationary employees may be dismissed at any time during their
probationary period
without right of grievance, appeal or hearing except as other-
wise provided by these Rules.
d. Employees who do not successfully complete the probationary period shall be dismissed.
2. PROMOTION PROBATIONARY APPOINTMENT:
a. An employee who is promoted shall serve a probationary period applicable
to the
classification to which promoted.
b. Other than lack of appeal rights pursuant to Rule 209(A)(2), the regular status
of an
employee shall not be affected by serving a promotion probationary
period, and the
employee shall be eligible for any other type of action during
the probationary period,
unless otherwise established by law.
a. An employee who receives a disciplinary demotion as provided in Rule
702(A)(4) shall
serve a six (6) month demotion probationary period. An
employee involuntarily demoted for
a disciplinary or non-disciplinary reason,
who fails a demotion probationary period, shall be
dismissed from the
position to which demoted. Other than lack of appeal rights pursuant to
Rule
209(A)(2), the regular status of an employee shall not be affected by serving
a demotion
probationary period.
b. An employee who voluntarily demotes non-competitively as provided by
Rule 208(B) shall
not be required to serve a probationary period.
4. TRANSFER PROBATIONARY PERIOD:
a. A transferred employee shall serve a six (6) month transfer probationary period.
b. Other than lack of appeal rights pursuant to Rule 209(A)(2), the regular status
of an
employee shall not be affected by serving a transfer probationary
period, and the employee
shall be eligible for any other type of action during
the probationary period, unless otherwise
established by law.
a. Reinstated employees shall serve probationary periods as follows:
1. An employee who was laid-off due to lack of work, reduction in
force, administrative
reorganization or other reasons beyond the
control of the employee causing the
abolishment of the position
formerly held and who is reinstated shall serve a
reinstatement
probationary period as follows:
a) An employee reinstated to the same classification as the
position previously held
prior to reinstatement, shall not be
required to serve a probationary period and
will retain regular
status upon reinstatement.
b) An employee reinstated to a position with a different
classification than the
position held prior to reinstatement, shall be
required to serve a probationary
period applicable to the classification to which reinstated. Such employee shall
not be
granted regular status until completion of the applicable
probationary period.
2. An employee reinstated by order of the Hearing Officer shall not be
required to serve a
probationary period and will retain regular status
upon reinstatement.
b. A reinstated employee who fails a reinstatement probationary period shall
return to the
reinstatement register for the remainder of the period during
which such employee's name
would otherwise have remained on the register
as provided by these Rules.
c. Reinstated employees shall accrue benefits at the same rate as was the case
when such
employee was separated from Judicial service.
6. REAPPOINTMENT PROBATIONARY PERIOD:
a. A reappointed employee shall be required to serve a probationary period
applicable to the
classification to which reappointed.
b. Other than lack of appeal rights pursuant to Rule 209(A)(2), the regular status
of an
employee shall not be affected by serving a reappointment probationary
period, and the
employee shall be eligible for any other type of action during
the probationary period,
unless otherwise established by law.
c. An employee who fails a reappointment probationary period may be denied
reappointment,
laid-off or placed in a position of the former or lower class,
if available, through the
appropriate competitive process.
D. PROBATIONARY PERIOD CREDIT:
1. TEMPORARY APPOINTMENTS: When a temporary employee is competitively appointed
2. DETAIL: When an employee is detailed into a position of a higher classification,
upon written
request by the hiring division and approved by the Presiding Judge, the
time served in the
detailed position may be applied to the required promotion probationary period upon a
competitive appointment into that position or classification.
In order to qualify for this credit the
time spent in detail must immediately precede
the promotional appointment.