Probationary Term

CSL § 63.1 Civil Service Law requires that a probationary term be served upon original appointment to a position in the competitive class and upon interdepartmental promotion. The law permits the State Civil Service Commission to require that a probationary term be served upon intradepartmental promotion and appointment to positions in the exempt, non-competitive and labor jurisdictional classes. It further permits the appointing officer to waive the probationary term upon interdepartmental promotion. When probationary service is required upon promotion, the employee shall be placed on a leave of absence from his/her former permanent position pending satisfactory completion of the probationary term.
CSR § 4.5(a)
The Classified Service Rules provide that every permanent appointment, promotion or transfer shall require satisfactory completion of a probationary term. For the purposes of these rules, "promotion" includes the appointment of an employee to a higher grade position in the non-competitive class. As with promotions, the rules provide that upon transfer, when probationary service is required, the employee shall be placed on leave of absence from his/her former permanent position pending the satisfactory completion of the probationary term. However, the appointing officer may elect to waive the probationary term required upon transfer.
CSL § 63.1
CSR § 4.5(e)
The employee has the right, upon reasonable notice, to return to his/her permanent position at any time during the probationary term if so desired. If the employee fails to perform satisfactorily during the probationary term, he/she shall be returned to his/her former position at the end of the probationary term. Unless notified of successful completion or termination at an earlier date, the employee is deemed to have completed probation at the end of the maximum term.
The basic probationary term required for most original permanent appointments is not less than 26 or more than 52 weeks. The exceptions are appointments to training positions, Teacher and Vocational Instructor positions and to titles specifically listed in the rules. The rules provide that the probationary term continues to the maximum limit, unless the appointing authority gives written notice to the probationer that the probationary term has been successfully completed. If the probationer's service is not satisfactory, employment may be terminated at any time after eight weeks and before the completion of the maximum period. However, at the discretion of the appointing officer, a probationer who has not satisfactorily completed the original term may be offered an opportunity to serve an additional term of not less than 12 or more than 26 weeks in a different assignment.
The rules also provide for a probationary period, upon transfer or promotion, of between eight to 26 weeks for positions at Grade 13 and below, and between 12 and 52 weeks for positions at Grade 14 and above.
CSR § 4.5(i) An employee who has resigned and is thereafter reinstated, either by the former agency/or by another agency, is required to serve a new probationary period in the same manner and subject to the same requirements as that of the original appointment.
CSR § 4.5(g) Any periods of authorized or unauthorized absence during the probationary term aggregating up to 10 workdays if the term is less than 26 weeks, or up to 20 workdays if the term is greater than 26 weeks, may, at the discretion of the appointing authority, be considered as time served in the probationary term. In addition, when the probationary term for a trainee appointment or promotion exceeds one year, periods of absence aggregating up to 20 days multiplied by the number of years constituting the probationary term may be considered as time served. Any periods of absence not so considered and any periods in excess of these minimums may not be considered as time served. Accordingly, the minimum and maximum periods of the probationary term must be extended by the number of workdays of absence not counted as time served in the probationary term. Traineeships are also correspondingly lengthened.
Probationary Reports
The rules require that the supervisor carefully observe the conduct and performance of the probationer and report in writing to the appointing authority at least two weeks before the end of the term. Also, the supervisor, from time to time during the probationary term, is required to advise the probationer of his/her status and progress. A probationer whose services are to be terminated is entitled to receive written notice at least one week prior to such termination and, upon request, is entitled to an interview with the appointing authority. This does not mean, however, that the appointing authority must state specific reasons for the termination of a probationer.
CSR § 4.5(h) Probationers who are terminated or resign before the end of the probationary term, may request to have their names restored to the eligible list from which they were appointed, if it still exists. Names may be restored to the list, if the Department of Civil Service determines that a second opportunity for appointment is warranted.
CSR § 4.5(i)
If a person serving a probationary term is appointed to a higher level position on a temporary or provisional basis, the appointing officer may count the appointee's service in the higher level position toward the satisfactory completion of the probationary term in the lower level position. At the end of the minimum probationary term, or the entire probationary term if it is of a fixed duration, the probationer may require the appointing authority to furnish a decision in writing as to whether or not service in the higher level position is considered as satisfactory probationary service. If the decision is not to count the higher level service, the probationer may request to be returned to the lower position to complete the probationary term. The probationer may not be terminated from the lower level position on account of unsatisfactory service unless he/she has actually served in such position, in the aggregate, at least eight weeks. A probationer may be removed during the minimum probationary period on charges of incompetency or misconduct in the same manner as a permanent employee.
There is no appeal to the Civil Service Commission on the procedures or merits of probationary termination. The courts have held that an appointing officer has broad discretion in determining the fitness of a probationer. They will not disturb the decision of an appointing officer unless it is clearly shown to have been made in bad faith.

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