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

Appointing powers are responsible for monitoring probationers’ worked hours.  As a best practice, hiring managers should be reminded to proactively notify their Human Resources office 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 the probationer’s actual hours worked.

When computing hours worked, only time 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.

Automatic Extension of Probationary Periods

Requirements

Pursuant to regulation, if a probationer has not worked the required number of hours during the prescribed calendar length of the probationary period, the appointing power must automatically extend the probationary period until the probationer has worked the required number of hours set forth below.

Notification

Appointing powers are required to notify the probationer in writing of the probationary period extension and include the date the extended probationary period will end. The notification must be provided to the probationer at least 10 calendar days prior to the expiration of the probationary period.

Note: In cases where a probationer is on a leave of absence, the appointing power may communicate in the notice that the end date of the extended probationary period may be subject to change depending upon the return date of the probationer.

Non-Automatic Extension of Probationary Periods

Requirements

According to California Code of Regulations, title 2, section 321, subdivision (d), appointing powers may extend a probationary period when all of the following criteria are met:

• The probationer was absent from work for a period of time that is one-third or more of the length of the probationary period and
• The appointing power finds that the automatic extension of the probationary period provides an insufficient amount of time to properly evaluate the probationer’s job performance.

Appointing powers shall apply the following standard to determine if the period of absence exceeds one-third or more of the length of the probationary period:

Please note that the total extension of the probationary period may not exceed the total number of hours the probationer was absent from work. Additionally, according to Government Code section 19170, the total extension may not exceed the length of the probationary period of the class in which the probationer was appointed.

Notification

Appointing powers are required to notify the probationer in writing of the probationary period extension.  Written notifications must include the following:

• The reason(s) for the extension,
• The date the extended probationary period will end, and
• The probationer’s right to submit a written response to the SPB’s Executive Officer within five calendar days after service of the notification if the probationer disagrees with the length of, or justification for, the probationary period extension.

The notification must be provided to the probationer at least 10 calendar days prior to the expiration of the probationary period.

SPB Executive Officer Review of Probationary Extension

If the probationer disagrees with the length of, or justification for, the probationary period extension, the probationer may submit a written response to the SPB’s Executive Officer. The written response must be submitted within five calendar days of service of notification to:

US Mail:  Executive Officer
                State Personnel Board
                801 Capitol Mall
                Sacramento, CA  95814

E-Mail:     spbpolicydivision@spb.ca.gov

Once submitted, the SPB’s Executive Officer will review the probationer’s response and may approve, modify, or deny the probationary period extension, or request further information before providing a decision in writing to the probationer and appointing power.

If the probationary period will end during the Executive Officer’s review, the probationary period shall be automatically extended according to the appointing power’s extension until the Executive Officer’s decision is issued. If the extension is approved or otherwise modified, this period of time must count toward the extended probationary period.

If the Executive Officer denies the appointing power’s extension of the probationary period, the probationary period shall be automatically extended by an additional 10 working days from the date of service of the Executive Officer’s decision to allow the appointing power sufficient time to proceed with a rejection during probation.

Additionally, the appointing power may extend a probationary period by up to five working days to comply with notice requirements for rejections during probation as provided under California Code of Regulations, title 2, section 321, subdivision (g).

Extension Due to a Claimed Disability

Requirements

When an extension of a probationary period is necessary due to a claimed disability as defined in Government Code section 12926, the appointing power shall create a proposed written agreement to extend the probationary period for the purpose of providing reasonable accommodation.

The proposed agreement must comply 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 appointing power shall submit the written agreement to SPB’s Executive Officer for review prior to the end of the probationary period.

SPB Executive Officer Review of Probationary Extension

The Executive Officer may approve, disapprove, or modify the agreement and will provide the written notification of their decision to the appointing power and the probationer.

If the probationary period ends while under the Executive Officer’s review, the probationary period will be extended within the terms of the agreement until a decision is issued.

If the Executive Officer approves or modifies the agreement, this period of time will count toward the extension of time outlined in the agreement.

If the Executive Officer disapproves 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 the Executive Officer’s decision to allow the appointing power sufficient time to proceed with a rejection during probation.

Additionally, the appointing power may extend a probationary period by up to five working days to comply with notice requirements for rejections during probation as provided under California Code of Regulations, title 2, section 321, subdivision (g).

Application

To illustrate the differences between California Code of Regulations, title 2, section 321, subdivisions (a) and (d), the following examples are provided below:

Automatic Extensions

A probationer has a six-month probationary period.  Upon the conclusion of the probationary period, the probationer worked 600 hours and was absent for 240 hours.

Probationers must serve a total of 840 hours during the six-month probationary period. The absence of 240 hours is less than one-third (or 280 hours) of a six-month probationary period.

In this example, the probationer still needs to serve an additional 240 hours to meet the required number of hours of the six-month probationary period. As such, the appointing 

power must automatically extend the probationary period an additional 240 hours and must notify the probationer in writing of the extension. 

Non-Automatic Extensions

The examples below assume that an automatic extension as outlined above is an insufficient amount of time for the appointing power to properly evaluate the probationer’s job performance.

Example #1

A probationer has a 12-month probationary period.  Upon the conclusion of the probationary period, the probationer worked 1550 hours and then was absent for a total of 2000 hours.

Probationers must serve a total of 1680 hours during the 12-month probationary period; therefore, the employee needs to serve, at a minimum, an additional 130 hours to complete probation. The 2000 hours’ absence exceeds one-third (560 hours) of the probationary period. 

Statute and regulation allow the appointing power to extend the probationary period beyond the remaining hours up to the total number of hours the probationer was absent from work but NOT longer than the original probationary period.

In this case, the probationer was absent for 2,000 hours which exceeds 1680 hours or the length of the probationary period of the class in which the probationer was appointed. Consequently, the appointing power may only extend the probationary period up to 1680 hours.

Example #2

A probationer has a 12-month probationary period.  Upon the conclusion of the probationary period, the probationer worked 1280 hours and then was absent for a total of 600 hours.

As mentioned above, probationers must serve a total of 1680 hours during the 12-month probationary period; therefore, the employee needs to serve, at a minimum, an additional 400 hours to complete probation. The 600 hours’ absence is greater than one-third (560 hours) of the probationary period. 

As such, the appointing power may extend the probationary period beyond the remaining 400 hours up to the total number of hours the probationer was absent from work or 600 hours.

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

Michelle La Grandeur
Chief, Policy Division
State Personnel Board

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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