The Civil Service Commission has established the Civil Service Adviser to enhance delivery of information on important employment issues and policies affecting the merit system of the City and
PROBATIONARY PERIODS
The City’s Charter (Section 10.101) provides that the Civil Service Commission shall establish Rules, Policies and Procedures on the merit system, including Probationary Periods except duration.
Applicable collective bargaining agreements contain provisions on the duration of the probationary period. When administering the probationary period, departments must harmonize the requirements of the Rules and the applicable Collective Bargaining Agreement.
Definition
The Civil Service Commission Rules define the probationary period as the final and most important phase of the selection process. During this trial period following permanent civil service appointment, the employee is “at will” and may be released at any time.
The definition in the Civil Service Commission Rules also states that the probationary period is a period of regularly scheduled hours worked, excluding any time off for leave, vacation, other types of time off (not including legal holidays), or overtime.
Duration of Probationary Period
The duration of the probationary period is found in the Collective Bargaining Agreement covering the classification where the employee has been appointed permanent civil service.
Blending the Definition and the Duration
At the time of appointment an employee who is serving a probationary period is notified of the duration of the probationary period and the tentative end date. An exception to the end of the probationary period reflects the requirement to “make up” for time off taken. For example, an employee is appointed permanent civil service on
When is a Probationary Period Required?
Generally speaking, a probationary period is required whenever an employee is appointed permanent civil service to a new class or to a new department.
Specifically, a probationary period is required for permanent civil service appointment:
1) from an eligible list (Rule Series 017);
2) when transferring to a position in the same class but a new department (Rule Series 014 & 017);
3) by transfer under Americans with Disabilities Act Rules (Rule Series 015 & 017);
4) by technological transfer (Rule Series 014 & 017);
5) following layoff when the probationary period was not previously served in the class and department (Rule Series 012, 017 & 021);
6) following reversion or by reinstatement to a position in a class and department where the probationary period was not previously served (Rules Series 017);
7) by status grant to a position in another department (Rule Series 009);
8) when reappointed following complete resignation in good standing (see Adviser 007/2000);
9) advancement from a part-time to a full-time position.
When is a Probationary Period NOT Required?
A probationary period is NOT required when an employee is appointed permanent civil service by “transfer of function” (Rule Series 014), following appointment by status grant in the same department or following layoff, reversion or reinstatement when an employee returns to the same class and department where the probationary period was already successfully completed. An employee, laid off, reverted or reinstated to a position in a classification where the probationary period has not been completed is required to complete the probationary period.
Harmonizing Civil Service Rules and the Collective Bargaining Agreement
It is critical to remember when administering the probationary period to check the Civil Service Commission Rules for information on when the probationary period applies as well as information on release from the probationary period and any appeal rights to the Civil Service Commission. The Collective Bargaining Agreement will indicate the length (duration) of the probationary period and when applicable, credit for provisional appointment or employee grievance rights.