DAR File No. 29886

Human Resource Management, Administration

R477-5

Employee Status and Probation

NOTICE OF PROPOSED RULE

DAR File No.: 29886
Filed: 04/30/2007, 09:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments to this rule clarify the conditions under which a probationary period may be extended. Nonsubstantive changes are also made to correct references to rule and Utah code.

Summary of the rule or change:

Language in Section R477-5-2, Probationary Period, is re-arranged to place in one subsection the conditions to extend a probationary period. Subsections R477-5-2(4) and (6) are deleted and replacement language with the same meaning is added to Subsection R477-5-2(2).

State statutory or constitutional authorization for this rule:

Section 67-19-3 and Subsection 67-19-16(5)(b)

Anticipated cost or savings to:

the state budget:

No additional action is required from agencies with these amendments and therefore no fiscal impact is anticipated.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

other persons:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies of the executive branch of state government.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at lalmond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2007

This rule may become effective on:

07/01/2007

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-5. Employee Status and Probation.

R477-5-1. Career Service Status.

(1) Only an employee who is appointed through a pre-approved competitive process shall be eligible for appointment to a career service position.

(2) An employee shall complete a probationary period in a competitive career service position prior to receiving career service status.

(3) An exempt employee may only convert to career service status under the following conditions:

(a) The employee previously held career service status with no break in service between exempt status and the previous career service position.

(b) The employee was hired from a hiring list as prescribed by Subsection R477-4-[10(1)]9, and completed a probationary period.

 

R477-5-2. Probationary Period.

The probationary period allows agency management to evaluate an employee's ability to perform the duties, responsibilities, skills, and other related requirements of the assigned career service position. The probationary period shall be considered part of the selection process.

(1) An employee shall receive full and fair opportunity to demonstrate competence in the job in a career position. As a minimum, a performance plan shall be established and the employee shall receive feedback on performance in relation to that plan.

(a) During the probationary period, an employee may be separated from state employment in accordance with Subsection R477-11-2(1).

(b) At the end of the probationary period, an employee shall receive a performance evaluation. Evaluations shall be entered into HRE as the performance evaluation that reflects successful or unsuccessful completion of probation.

(2) Each career position shall be assigned a probationary period consistent with its job.

(a) The probationary period may not be extended except for periods of leave without pay, workers compensation leave, [or] temporary transitional assignment, military leave under USERRA, or donated leave from an approved leave bank.

(b) The probationary period may not be reduced after appointment.

(c) An employee who has completed a probationary period and obtained career service status shall not be required to serve a new probationary period unless there is a break in service.

(3) An employee in a career service position who works at least 50 percent of the time or more shall acquire career service status after working the same amount of elapsed time in hours as a full-time employee would work with the same probationary period.[

(4) Probationary periods may be interrupted by military service covered under USERRA.]

([5]4) An employee serving probation in a competitive career service position may be transferred, reassigned or promoted to another competitive career service position. Each new appointment shall include a new probationary period unless the agency determines that the required duties or knowledge, skills, and abilities of the old and new position are similar enough not to warrant a new probationary period. If an agency determines that a new probationary period is needed, it shall be the full probationary period defined in the job description.[

(6) A reemployed veteran shall be required to complete the remainder of the probationary period if it was not completed in his pre-service employment.]

 

R477-5-4. Policy Exceptions.

The Executive Director, DHRM, may authorize exceptions to the provisions of this rule, consistent with Subsection R477-2-2(1).

 

KEY: employment, personnel management, state employees

Date of Enactment or Last Substantive Amendment: [July 1, 2006]2007

Notice of Continuation: June 11, 2002

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-16(5)(b)