5-41:  Employee status – in general

• It is the intent of §5-41 to maintain clear employee status identifications for all employees.  In re Sample, CSA 72-07, 9 (6/12/08), rev’d on other grounds, CSB 10/16/08.

• Where employee was reclassified during probation, then accepted another position higher than the job she was hired into but lower than her reclassified position, factual issue exists as to whether appellant attained career service status at the time of her termination.  In re Brooks, CSA 91-07 (CSB 4/9/08).  
• When jurisdiction to hear an appeal turns on resolving factual issues regarding appellant’s career service status, the hearing officer must determine those facts before the Career Service Board will intervene on an interlocutory appeal.  In re Brooks, CSA 91-07, 2 (CSB 4/9/08).  
• An employee in a limited position who successfully completes probation attains Career Service status.  In re Martillaro, CSA 42-06, 2 (11/30/06); §5-42 B 
• An on call employee does not have career status.  In re Escalera, CSA 54-06 (8/14/06); §5-42 D.

5-42 B.:  Career status

• Hearing officer erroneously interpreted rules in concluding that a probationary employee can attain career status by default without having completed mandatory training programs if the agency fails to timely request an extension of probation and/or erroneously certifies that the employee successfully completed probation.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• A probationary employee’s failure to complete mandatory training automatically extends probation until he completes training.  In re Sample, CSA 72-07, 3-4 (CSB 10/16/08).
• When jurisdiction to hear an appeal turns on resolving factual issues regarding appellant’s career service status, the hearing officer must determine those facts before the career service board will intervene on an interlocutory appeal.  In re Brooks, CSA 91-07, 2 (CSB 4/9/08).
• Since an on-call employee does not hold career status under § 5-42, the only issues raised by the appeal are the discrimination claims.  In re Wehmhoefer, CSA 02-08, 1 (2/14/08).   

5-42 B.2:  Promotion while on employment probation

• Hearing officer’s reliance on § 5-42 B.2. in holding that completion of all mandatory training is not a necessary prerequisite for passing probation is erroneous.  In re Sample, CSA 72-07 (CSB 10/16/08).
• The intent behind this rule was to establish how the minimum periods of employment probation and promotional probation are calculated when an employee who is still on employment probationary status is promoted into a higher classification.  In re Sample, CSA 72-07, 4 (CSB 10/16/08).
• Method of calculation set forth in the rule allows the number of successfully completed months of service in both classifications to be combined in order to satisfy the minimum six-month period of employment probation and is simply silent about the separate requirement of completing mandatory training.  In re Sample, CSA 72-07, 4-5 (CSB 10/16/08).
• Interpretation of this rule as the method of calculation of minimum service in employment and promotional probation harmonizes with the other rule provisions that require successful completion of both the minimum period of employment and mandatory training before an employee attains career status.  In re Sample, CSA 72-07 (CSB 10/16/08).

5-50: Probation  

• An employee may be deemed to have passed employment probation by default, but only if both the minimum probationary period and the mandatory training have been successfully completed.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• The purpose of probation is to allow an agency a work-test period after hire for close observation of a new employee to determine if his performance meets required standards, and permit the employee to obtain assistance to adjust to new duties.  In re Sample, CSA 72-07, 6-7 (6/12/08), rev’d on other grounds CSB 10/16/08.
• The rules provide that the CSA, each agency, and the employee all share responsibility for a probationary employee’s completion of training requirements.  In re Sample, CSA 72-07, 6-7 (6/12/08), rev’d on other grounds CSB 10/16/08.
• Using the hire date to determine training requirements rather than the effective date of the rule would require agencies to apply two different training requirements to their current probationary employees, an impractical result that could not have been intended by the CSB. In re Sample, CSA 72-07, 6-7 (6/12/08), rev’d on other grounds CSB 10/16/08.

5-51:  Purpose of probation

• The purpose of probation is to allow an agency a period after hire for close observation of a new employee to determine if his performance meets required standards, and permit the employee to obtain assistance to adjust to new duties.  In re Sample, CSA 72-07, 6-7 (6/12/08), rev’d on other grounds, CSB 10/16/08.

5-52:  Duration of probation

• Hearing officer erroneously interpreted rules in concluding that a probationary employee can attain career status by default without having completed mandatory training programs if the agency fails to timely request an extension of probation and/or erroneously certifies that the employee successfully completed probation.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• A probationary employee’s failure to complete mandatory training automatically extends probation until he completes training.  In re Sample, CSA 72-07, 3-4 (CSB 10/16/08).

• An employee can be deemed to have passed employment probation by default, but only if both the minimum probationary period and the mandatory training have been successfully completed.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• The responsibility to ensure that a probationary employee completes the training mandatory under § 6-20 A is shared equally among the employee, the agency and CSA.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• Prior to the end of the probationary period, the agency is required to notify the employee and CSA in writing whether or not the employee has passed probation.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).
• Failure to complete mandatory training programs automatically extends an employee’s probation until such training is complete. In re Sample, CSA 72-07, 3-4 (CSB 10/16/08).

• Hearing officer erroneously interpreted rules in concluding that a probationary employee can attain career status by default without having completed mandatory training programs if the agency fails to timely request an extension of probation and/or erroneously certifies that the employee successfully completed probation.  In re Sample, CSA 72-07, 3 (CSB 10/16/08).