§ 1200-14. RULE 14: Probationary term.
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A.Open competitive.(1)Unless otherwise noted in these Rules, every permanent or contingent permanent appointment from an open-competitive eligible list is for a probationary term of 26 weeks.(2)A probationary employee may not be terminated during the first four weeks of service except as provided in Subsection K of this Rule. An employee may be terminated at any time between the fourth week and last day of the probationary term. Notice of termination must be in writing, to the employee, prior to the termination.B.Traineeships. The probationary term for all trainee titles is the training period defined in the civil service job specifications or as determined by the County Personnel Officer.C.Promotion for other than law enforcement positions.(1)For other than law enforcement positions defined in Subsection D below, every permanent or contingent permanent appointment from a promotion eligible list is for a probationary term of 12 weeks.(2)An employee may be terminated at any time between the fourth week and last day of the probationary term. Notice of removal must be in writing, to the employee, prior to the termination.(3)The position vacated by a promoted employee may not be filled on other than a temporary, provisional or contingent permanent basis during the promoted employee's probationary term.D.Law enforcement positions.(1)Every permanent appointment to the position of Deputy Sheriff I, Park Police Officer I, Park Ranger I or Correction Officer I from an open-competitive eligible list is for a probationary term of 12 months.(2)Every permanent appointment to the position of police officer from an open-competitive or promotional eligible list is for a probationary term of 18 months.(3)The appointment of a police officer or the promotion of a police officer to a first-line supervisory position does not become permanent until the officer has satisfied the training requirements of § 209-q of the State General Municipal Law.(4)Every permanent appointment from a promotion list to the position of Police Sergeant, Lieutenant, Captain or Chief is for a probationary term of six months.(5)A probationary employee may not be terminated during the first four weeks of service except as provided in Subsection K of this Rule. An employee may be terminated at any time between the fourth week and last day of the probationary term. Notice of termination must be in writing, to the employee, prior to the termination.E.Transfer. Every transfer to a competitive class position is for a probationary term of 12 weeks. The position vacated by the employee may not be filled on other than a temporary, provisional or contingent permanent basis during the probationary term. An employee may be terminated at any time during the probationary period. Notice of the termination must be in writing to the employee prior to the termination.F.Reinstatement.(1)Employees reinstated by the same appointing authority within one year after resignation or other period of less than one year not employed by that appointing authority retain permanent status without further probation. After one year, a twelve-week probation period will be required. An employee may be terminated at any time during the probation period.(2)Employees with continuous service under an appointing authority who are reinstated to a title previously held under that appointing authority in accordance with Rule 18, Subsection B, will not serve a probation period.(3)All reinstatements to positions under a different appointing authority will require a twelve-week probation period. An employee may be terminated at any time during this probation period.(4)No probationary period shall be required for a reinstatement from a leave of absence.G.Veterans and exempt volunteer firemen. Other than those positions specifically excluded pursuant to § 75 of the Civil Service Law, every appointment of a veteran (as defined in § 85 of the Civil Service Law) or an exempt volunteer fireman (as defined in § 200 of the State General Municipal Law) to a position in the noncompetitive, labor or exempt class is for a probationary term of 26 weeks.H.Absence during probationary term. At the discretion of the appointing authority, any period of absence during probation may be added to the probationary period as long as the employee is so notified prior to the end of the probationary term.I.Service in higher level position. When an employee on probation is appointed to a related higher-level position, under the same appointing authority, the period of service in the higher-level position may satisfy the probationary term in the lower position. The appointing authority must submit a written request and it is subject to the approval of the County Personnel Officer.J.Restoration to eligible list. An employee who is removed or who resigns during probation will not be restored to the eligible list from which the appointment was made if the list is still in effect unless the County Personnel Officer determines that special circumstances warrant such restoration.K.Removal during probationary term. Nothing contained in this Rule shall be construed to limit or otherwise affect the authority of an appointing authority to remove a probationer for incompetence or misconduct at any time during the probationary period pursuant to a contractual disciplinary procedure or § 75 of the Civil Service Law.