SECTIONS 19170-19180 - California Statutes

GOVERNMENT CODE

SECTION 19170-19180

19170. (a) The board shall establish for each class the length of
the probationary period. The probationary period that shall be served
upon appointment shall be six months unless the board establishes a
longer period of not more than one year.
(b) The board may provide by rule for either of the following:
(1) Increasing the length of individual probationary periods by
adding thereto periods of time during which an employee, while
serving as a probationer, is absent from his or her position.
(2) Requiring an additional period not to exceed the length of the
original probationary period when a probationary employee returns
after an extended period of absence and the remainder of the
probationary period is insufficient to evaluate his or her current
performance.
(c) Upon written agreement between an appointing power and an
employee who alleges that he or she has a disability, as defined in
Section 12926, subject to approval of the agreement by the board, the
employee's probationary period may be extended for a period, not to
exceed six months, to allow the appointing power to provide a
reasonable accommodation to the employee and the employee to
demonstrate, before the probationary period ends, the ability to
perform satisfactorily the essential functions of the position with
reasonable accommodation. Nothing in this subdivision may relieve an
appointing power from complying with applicable law requiring
reasonable accommodation or prohibiting discrimination based on
disability, and no employee, as a condition of an agreement to extend
the probationary period, may be required to waive or release any
rights he or she may have under applicable law requiring reasonable
accommodation or prohibiting discrimination based on disability.

19171. The service of a probationary period is required under the
following circumstances: (a) when an employee enters or is promoted
in the state civil service by permanent appointment from an
employment list, (b) upon reinstatement after a break in continuity
of service resulting from a permanent separation, or (c) after any
other type of appointment situation not specifically excepted from
the probationary period requirement by statute or by board rule.

19172. During the probationary period the appointing power or his
or her officially delegated representative shall evaluate the work
and efficiency of a probationer in the manner and at such periods as
the Department of Personnel Administration rules may require.

19173. (a) Any probationer may be rejected by the appointing power
during the probationary period for reasons relating to the
probationer's qualifications, the good of the service, or failure to
demonstrate merit, efficiency, fitness, and moral responsibility, but
he or she shall not be rejected for any cause constituting
prohibited discrimination as set forth in Sections 19700 to 19703,
inclusive.
(b) (1) A rejection during probationary period is effected by the
service upon the probationer of a written notice of rejection which
shall include: (A) an effective date for the rejection that shall not
be later than the last day of the probationary period; and (B) a
statement of the reasons for the rejection. Service of the notice
shall be made prior to the effective date of the rejection, as
defined by board rule for service of notices of adverse actions.
Notice of rejection shall be served prior to the conclusion of the
prescribed probationary period. The probationary period may be
extended when necessary to provide the full notice period required by
board rule. Within 15 days after the effective date of the
rejection, a copy thereof shall be filed with the board.
(2) Effective January 1, 1996, notwithstanding paragraph (1), this
paragraph shall only apply to state employees in State Bargaining
Unit 5. A rejection during probationary period is effected by the
service upon the probationer of a written notice of rejection that
shall include: (A) an effective date for the rejection that shall not
be later than the last day of the probationary period; and (B) a
statement of the reasons for the rejection. Service of the notice
shall be made prior to the effective date of the rejection. Notice of
rejection shall be served prior to the conclusion of the prescribed
probationary period. The probationary period may be extended when
necessary to provide the full notice period required by board rule.
Within 15 days after the effective date of the rejection, a copy
thereof shall be filed with the board.

19175. The board at the written request of a rejected probationer,
filed within 15 calendar days of the effective date of rejection, may
investigate with or without a hearing the reasons for rejection.
After investigation, the board may do any of the following:
(a) Affirm the action of the appointing power.
(b) Modify the action of the appointing power.
(c) Restore the name of the rejected probationer to the employment
list for certification to any position within the class; provided,
that his or her name shall not be certified to the agency by which he
or she was rejected, except with the concurrence of the appointing
power of that agency.
(d) Restore him or her to the position from which he or she was
rejected, but this shall be done only if the board determines, after
a hearing, that there is no substantial evidence to support the
reason or reasons for rejection, or that the rejection was made in
fraud or bad faith. At the hearing, the rejected probationer shall
have the burden of proof. Subject to rebuttal by the rejected
probationer, it shall be presumed that the rejection was free from
fraud and bad faith and that the statement of reasons therefor in the
notice of rejection is true.
(e) Effective January 1, 1996, this section shall not apply to
state employees in State Bargaining Unit 5.

19175.1. The board, upon the written request of a probationer who
has been rejected for medical reasons only, may restore the name of
the rejected probationer to the employment list from which his name
originally was certified if the list is still in existence and the
board determines after medical examination that he meets the required
medical standards.

19175.2. The board, upon the written request of a probationer who
has been rejected after appointment from a general re-employment
list, shall restore the name of the rejected probationer to the
re-employment list from which his name was originally certified. His
name shall not again be certified to the agency by which he was
rejected except with the consent of the appointing power.

19175.5. Subject to board rule an appointing power may cancel or
withdraw a notice of rejection of a probationer.

19180. If the board restores a rejected probationer to his position
it shall direct the payment of salary to the employee for such
period of time as the rejection was improperly in effect.
Salary shall not be authorized or paid for any portion of a period
of rejection that the employee was not ready, able, and willing to
perform the duties of his position, whether such rejection is valid
or not.
There shall be deducted from any amount approved under this
section any compensation the employee earned or might reasonably have
earned in private or public employment during the period the
rejection was improperly in effect.