Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 38
RULE 8
(6) The probationary period may not be extended except for the cumulative time the
employee was absent from work during the probationary period. In such cases, the
appointing authority may extend the probationary period for the equivalent number of
days of such absences in order that a full year of employment is completed prior to
permanent appointment.
However, at any time during the probationary period, including any extensions
provided above, the appointing authority has the right to dismiss the probationary
employee.
(7) Pursuant to State and Federal law and City policy, the probationary period may be
extended due to the probationary employee’s use of protected leave or modified duty
status.
Protected leave includes, but is not limited to:
i.
ii.
iii.
iv.
v.
vi.
Family & Medical Leave Act
California Family Rights Act
Pregnancy Disability Leave
Americans with Disability Act
Workers Compensation Leave
Military Leave
(8) Whenever possible, the probationary employee will be advised in writing of the
impact the use of a protected leave may have on the employee’s probationary period,
prior to use of the protected leave.
(9) A probationary employee on protected leave may have the probationary appointment
terminated during the period of protected leave under any of the following conditions:
i.
Termination of employment was already in progress at the time the
probationary employee made use of a protected leave.
ii.
The probationary employee would have been laid off had the employee been
at work and not on protected leave.
iii.
The probationary employee is unable to perform an essential function of the
position, because of a physical or mental condition, including the continuation
of a serious health condition.
c. Provisional Appointment: A provisional appointment is:
(1) the temporary use of permanent or unclassified employees currently occupying other
positions, who meet the minimum qualifications for the examination to be used to fill
the position; or,
(2) the temporary use of persons not in the employment of the City who meet the minimum
qualifications for the examination to be used to fill the position; and
(3) only made when no eligible list is available for a vacant position and the appointing
authority deems it impractical to delay appointment until an eligible list is certified;
and
- 32 -
