§ 321. Extension of Probationary Periods.
2 CA ADC § 321Barclays Official California Code of RegulationsEffective: July 1, 2024
Effective: July 1, 2024
2 CCR § 321
§ 321. Extension of Probationary Periods.
(d) Where a probationer is absent from work for a period of time that is one-third or more of the length of the probationary period as specified in subdivision (a) and the appointing power finds that the automatic extension of the probationary period provides insufficient time to properly evaluate the probationer's job performance, the appointing power may extend the probationary period beyond the time periods specified in subdivision (a), not to exceed the length of time, calculated in hours, that the probationer was absent. For purposes of this subdivision, the following calculations apply:
(3) 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 shall 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 ten 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.
(2) The written agreement shall set forth the beginning and ending dates of the extension of probation and describe how the extension will allow the probationer to demonstrate the ability to satisfactorily perform the essential functions of the position with reasonable accommodation before the extended probationary period ends.
(3) The appointing power shall submit the written agreement to the Board for review prior to the end of the probationary period. The Board may approve, disapprove, or modify the written agreement, or require additional information. The Board shall notify the appointing power and probationer in writing of its decision.
(4) If the probationary period will end during the Board's review, the probationary period shall be automatically extended within the terms of the written agreement until the Board's decision is issued. If the written agreement is approved or otherwise modified, this period of time shall count toward the extension of time specified in the written agreement. If the Board declines to approve the written agreement, the probationary period shall be automatically extended by an additional ten working days from the date of service of the Board's decision to allow the appointing power sufficient time to proceed with a rejection during probation. This ten working day extension is in addition to that provided under subdivision (g) above.
Credits
Note: Authority cited: Cal. Const., art. VII, Section 3; and Sections 18502 and 18701, Government Code. Reference: Cal. Const., art. VII, Section 3; and Sections 19170 and 19173, Government Code.
History
1. Amendment of section and Note filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 70, No. 2.
2. Amendment filed 7-28-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
4. Amendment of subsection (c) and new subsections (d)-(e) filed 3-24-2003; operative 3-24-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
5. Change without regulatory effect amending subsection (c) filed 4-11-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 15).
6. Amendment of section and Note filed 5-9-2018; operative 7-1-2018 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2018, No. 19).
7. Amendment of subsections (c)-(d), repealer of former subsections (e)-(e)(6), new subsection (e), amendment of subsections (f)-(f)(2) and new subsection (f)(3) filed 3-12-2024; operative 7-1-2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 2, § 321, 2 CA ADC § 321
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