1214 - Extension of Probationary Periods

Category

Appointments

Audience List

• Administrative Chiefs
• Human Resources Chiefs
• Labor Relations Officers
• Personnel Officers
• Personnel Transactions Staff
• Personnel Transactions Supervisors

Synopsis

This policy provides the:

• Definition of probationary periods
• Required number of hours to be completed during a probationary period
• Process for requesting extensions to an employee’s probationary period

Introduction

A probationary period is a period of specified time at the beginning of an appointment that is used to evaluate an employee’s performance prior to granting the employee permanent status. The probationary period serves as the final step in the selection process. Government Code section 19170 provides that the probationary period for permanent employees shall be six months unless the State Personnel Board (SPB) establishes a longer period of not more than one year. When a probationer is absent from the position for an extended duration, the probationary period length may be extended. California Code of Regulations (CCR), title 2, section 321 governs extensions of probationary periods. 

Statement

Extension of Probationary Periods

Probationary periods shall be extended if the probationer (the employee serving the probation) fails to work the required minimum hours during the length of the probationary period, as set forth below.

• 840 hours for a six-month probationary period
• 1,260 hours for a nine-month probation period
• 1,680 hours for a one-year probation period

Departments are responsible for monitoring probationers’ worked hours.  As a best practice, hiring managers should be reminded to proactively notify their department’s Personnel staff when a probationer will be taking an extended leave, or when the probationer is demonstrating performance issues.  Either circumstance jeopardizes a probationer’s ability to successfully pass probation, and emphasizes the need to closely monitor actual hours worked.

When computing hours worked, only time where the probationer actually worked should be counted. Vacation, sick leave, military leave, compensating time off, suspension or other separations (to include separations later voided or otherwise set aside), time spent on jury duty, bereavement leave, holidays (unless the probationer actually worked), or time off due to work related injuries shall not be counted towards meeting the minimum number of hours worked. Overtime should be counted and applied on an hour-for-hour basis.

Common Extension of Probationary Periods

If a probationer has been absent for an extended period of time and the appointing power does not wish to extend the probationary period beyond the probationer serving the remaining hours required for their classification, an “automatic” extension under CCR 321 (a) would apply.  

An extension under CCR 321 (a) would occur when a probationer fails to work the required minimum hours during the length of the probationary period, and the appointing power finds the remaining time of the probationary period is sufficient to evaluate the employee’s job performance. This action of extending the probationary period does not require CalHR approval. Departments are required to notify the probationer in writing when their probationary period is extended. 

Extension Beyond Required Probationary Period

If a probationer had a continuous period of absence, and upon return from such absence the department determines the remaining portion of the probationary period is insufficient to evaluate the probationer’s performance, the department may extend the probationary period under CCR 321 (d), with prior approval from CalHR. The criteria for requesting this extension from CalHR is as follows:

• The continuous absence must be one-third or more the length of the probationary period; and
• The total extension of the probationary period does not exceed the total number of hours the probationer was continuously absent.

Apply the following calculations to determine if the continuous absence period meets the criteria to extend probationary periods:

1. One-third of the six-month probationary period equals 280 hours.
2. One-third of the nine-month probationary period equals 420 hours.
3. One-third of the one-year probationary period equals 560 hours.

To request an extension of a probationary period under CCR 321 (d), the appointing power must submit a written request to CalHR’s Personnel Management Division (PMD), which includes the following information:

1. The length of the applicable probationary period.
2. The dates of the probationer's continuous absence and hours of work missed on each of those dates.
3. The number of hours completed in the probationary period prior to the probationer's continuous absence.
4. The number of hours remaining in the probationary period upon the probationer's return to work after the continuous absence.
5. The length of the requested extension of the probationary period that is in addition to the automatic extension.
6. The reasons why the automatic extension of the probationary period is insufficient to properly evaluate the probationer's job performance.

This request must be submitted to PMD at least 10 calendar days prior to the end of the probationary period, and a copy of the request must be provided to the probationer. 

Examples of the above can be found below in the “Application” section.

A department may extend a probationary period by up to five working days, in order to comply with notice requirements for rejections during probation as provided under CCR 321 (g).

Extension Due to a Claimed Disability

When an extension of a probationary period is necessary due to a claimed disability as defined in Government Code section 12926, the department shall create a proposed written agreement to extend the probationary period for the purpose of providing reasonable accommodation. The proposed agreement must be in compliance with the following:

• The requested extension must not exceed six months
• The written agreement shall state the start and end dates of the probationary extension and explain how the extension will allow the probationer to demonstrate the ability to satisfactorily perform the position’s duties with reasonable accommodation
• The department shall submit the written agreement to SPBs Executive Officer for review prior to the end of the probationary period. SPB may approve, disapprove, or modify the agreement and will provide the written notification of its decision to the department and the probationer

If the probationary period ends while under SPB’s review, the probationary period will be extended within the terms of the agreement until a decision is issued. If SPB approves or modifies the agreement, this period of time will count toward the extension of time outlined in the agreement. If SPB denies the agreement and the probationer is near the end of their probationary period, the probationary period will be automatically extended by ten working days from the date of SPB’s decision. This automatic extension allows departments to comply with notice requirements for rejection during probation. If needed, the probationary period may be extended for up to an additional five working days provided in CCR 321 (g). 

Application

To illustrate the differences between CCR 321, subsections (a) and (d), the following examples are provided below:

Subsection (a):

If a probationer serving a six month (840 hours) probationary period has already worked 700 hours but has been absent from work a total of 40 hours, the department has the authority to notify the probationer that their probationary period has been extended to a new date of completion. 

In this example the probationer still needs to work an additional 140 hours. This includes 40 hours to compensate from their time absent from work and the 100 hours necessary to reach the 840 hour probationary period requirement. 

Subsection (d):

If the department determines the remaining portion of the probationary period is insufficient to evaluate that probationer’s current performance, the department may request an extension under CCR 321 (d).  If approved, the probationer may need to serve a longer probationary period than is required.

In the example below, the probationer may need to work an additional 620 hours. This includes 280 hours to compensate for the time lost as a result of the continuous absence, plus the outstanding 340 hours needed to reach the initial 840 hour probationary period requirement.  The probationer is now expected to work a total of 1120 hours to pass probation.

Authorities

• Article VII, section 3 of the California Constitution
• CCR, title 2, section 321
• CCR, title 2, section 52.6
• Government Code section 12926
• Government Code section 18502
• Government Code section 18701
• Government Code section 19170
• Government Code section 19173

Resources

Authorized By

Melissa Russell
Chief, Personnel Management Division

Contact Person

Personnel Management Division Personnel Management Division
Personnel Management Consultant , Personnel Management Division
Phone: 916-909-3709
Fax: 916-327-1886
Email: pmd@calhr.ca.gov

Superseded Policies

History

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