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RULE 5:  APPOINTMENTS AND STATUS

An employee in a limited position who successfully completes probation attains Career Service status. In re Martillaro, CSA 42-06, 2 (11/30/06); § 5-35 B. 

Agency’s decision not to extend a limited position appointment beyond its stated end date was not a layoff, and therefore was not in violation of Rule 5-35 of the Career Service Rules. In re Martillaro, CSA 42-06, 3 (11/30/06).

A career status employee originally appointed to a limited position in 2001 whose position was extended annually until she chose demotion to another limited position in July, 2005, was not entitled to layoff protection under § 5-35 B, as the appointment to the limited position from which she was separated occurred after 1/16/04. In re Martillaro, CSA 42-06, 2 (11/30/06).

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, CSB 91-07 (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. 

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 (Order 2/14/08). 

Agency’s decision not to extend a limited position appointment beyond its stated end date was not a layoff, and therefore was not in violation of Rule 14 of the Career Service Rules. In re Martillaro, CSA 42-06, 3 (11/30/06).

A career status employee originally appointed to a limited position in 2001 whose position was extended annually until she chose demotion to another limited position in July, 2005, was not entitled to layoff protection under § 5-62 5), as the appointment to the limited position from which she was separated occurred after January 16, 2004. In re Martillaro, CSA 42-06, 2 (11/30/06).

An on-call employee does not have career status. In re Escalera, CSA 54-06 (Order 8/14/06); §5-42 D. 

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, CSB 72-07, 3 (10/16/08). 

A probationary employee’s failure to complete mandatory training automatically extends probation until he completes training. In re Sample, CSB 72-07, 3-4 (10/16/08). 

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, CSB 72-07 (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, CSB 72-07, 4 (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, CSB 72-07, 4-5 (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, CSB 72-07 (10/16/08).

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, CSB 72-07, 3 (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 In re Sample, CSB 72-07 (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 In re Sample, CSB 72-07 (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 In re Sample, CSB 72-07 (10/16/08).

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, In re Sample, CSB 72-07 (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, CSB 72-07, 3 (10/16/08).

A probationary employee’s failure to complete mandatory training automatically extends probation until he completes training. In re Sample, CSB 72-07, 3-4 (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, CSB 72-07, 3 (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, CSB 72-07, 3 (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, CSB 72-07, 3 (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, CSB 72-07, 3 (10/16/08). 

Failure to complete mandatory training programs automatically extends an employee’s probation until such training is complete. In re Sample, CSB 72-07, 3-4 (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, CSB 72-07, 3 (10/16/08).

A career status employee appointed to a limited position in 2001 was not entitled to layoff protection when she took a demotion to a different limited position in 2005. Under § 5-35 B, limited employees appointed after January 16, 2004 are not entitled to layoff protection. In re Martillaro, CSA 42-06, 2 (11/30/06). 

Career service employees are entitled to lay-off protection. In re Foley, CSA 19-06, 7 (11/10/06). 

A career status employee is entitled to layoff protection in accordance with Rule 5-35. In re Romberger, CSA 89-04, 5 (3/2/05).

While on employment probationary status, employees are subject to termination or demotion at any time, have limited appeal rights and are subject to other restrictions. In re Sample, CSB 72-07, 3 (10/16/08).

 
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