§ 321. Extension of Probationary Periods.
2 CA ADC § 321BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 1. Administrative Personnel
Chapter 1. State Personnel Board
Subchapter 1.3. Classifications, Examinations, and Appointments
Article 14. Probationary Period
2 CCR § 321
§ 321. Extension of Probationary Periods.
(a) In the event a probationer has not worked the hours set forth below during the prescribed calendar length of the probationary period, the probationary period will be automatically extended until the probationer has worked the required number of hours specified below:
(1) 840 if serving a six-month probationary period; or
(2) 1260 if serving a nine-month probationary period; or
(3) 1680 if serving a one-year probationary period.
(b) Vacation, sick leave, military leave or other leaves of absence, compensating time off, suspension or other separations, including separations subsequently voided or otherwise set aside, shall not be considered working time.
(c) Where a probationary period is automatically extended pursuant to subdivision (a), the probationer shall be notified in writing of the extension.
(d) Where a probationer is continuously 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, as specified in subdivision (e), 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 continuously absent. For purposes of this subdivision, the following calculations apply:
(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.
(e) To extend a probationary period under subdivision (d), the appointing power shall submit to the Department and serve on the probationer a written request for extension of the probationary period. The request shall include all of 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 probation 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.
(f) The written request for extension of the probationary period shall be submitted to the Department and served on the probationer at least 10 calendar days prior to the expiration of the probationary period.
(1) A probationer served with such a request may submit a written response to the Department within five calendar days after service of the request.
(2) After submission of all documents, the Department shall promptly prepare for and submit to the Executive Officer a written evaluation of the request with a recommendation of whether to approve, modify, or deny the requested extension of the probationary period. The Executive Officer may approve, modify, or deny the requested extension, or request further information before making a decision.
(g) A probationary period may be extended for a maximum of five working days in order to comply with notice requirements as set forth in section 52.6, concerning rejections during probation.
(h) Where an appointing power and a probationer with a disability, as defined in Government Code section 12926, have entered into a proposed written agreement to extend the probationary period in order to provide the probationer with reasonable accommodation, all of the following shall apply:
(1) The period of the extension shall not exceed six months.
(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.
Note: Authority cited: Cal. Const., art. VII, Section 3; Sections 18502 and 18701, Government Code. Reference: Cal. Const., art. VII, Section 3; Sections 19170 and 19173, Government Code.
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).
This database is current through 5/6/22 Register 2022, No. 18
2 CCR § 321, 2 CA ADC § 321
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