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Does an Employee Released from Entrance Probationary Appointment have Return Rights?

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 County of San Francisco.

RELEASE FROM PROBATIONARY PERIOD

Does an Employee Released from Entrance Probationary Appointment have Return Rights?

Issue:

Does an employee have return (reversion) rights if released from an entrance probationary appointment.

Intent of Civil Service Commission:

It is and has been the Civil Service Commission’s intent that an employee released for NON-disciplinary reasons from an appointment which represents a promotional opportunity, has return rights to a position in the class (job code) which the employee on a permanent basis immediately prior to appointment in the class (job code) from which released.

When is an Appointment Considered Promotive under the Probationary Period Rule?

Under the revised (March 16, 1998) Probationary Period Rule, promotional opportunities arise when the new appointment is to a new class requiring additional education, minimum qualifications, or experience, or when the new appointment is accompanied by an increase in salary.

Specific examples of these situations could include an employee appointed permanent civil service to a position in a class in another occupational series; a move from Locksmith or Carpenter to Personnel Analyst; or a move from a Licensed Vocational Nurse to Registered Nurse. Appointments in these categories are from eligible lists established through examinations that result in “entrance” eligible lists and “entrance” appointments. These applicants, once appointed, are not “entrance” employees in the pure sense of the word as they are not “new” employees to the City service.

What does this Mean?

This means that even if the appointment is technically from an entrance eligible list, the employee shall revert back to a position in the class which the employee held on a permanent basis immediately prior to appointment in the class from which released. Any break in service automatically disqualifies an employee from obtaining return rights.

Appeal Rights:

In all cases, the decision of the department head to release an employee during the probationary period is final. An employee released from a probationary appointment for non-disciplinary reason has automatic reversion rights, but no appeal rights to the Civil Service Commission. An employee released for disciplinary reasons does not have automatic return rights. The department head’s recommendation on future employment with the City is subject to appeal to the Civil Service Commission.