W. Va. Code R. § 143-1-10

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 143-1-10 - Probationary Period

10.1. Nature, Purpose, and Duration.

10.1.a. The probationary period is a trial work period designed to allow the appointing authority an opportunity to evaluate the ability of the employee to effectively perform the work of his or her position and to adjust himself or herself to the organization and program of the agency. It is an integral part of the examination process and the appointing authority shall use the probationary period for the most effective adjustment of a new employee and the elimination of those employees who do not meet the required standards of work.

10.1.b. Appointing authorities shall make all original appointments to permanent positions in the classified service from officially promulgated registers for a probationary period of not more than one (1) year. The Board shall fix the length of the probationary period for each class of position. The appointing authority shall notify the Director when a probationary period has been completed and permanent status has been granted. This subdivision shall not be construed to prohibit application of time served in a provisional status to completion of a probationary period. The period of provisional appointment may apply toward completion of the probationary period only for that part served continuously, in the same class, and immediately prior to an original appointment. However, it is the responsibility of the appointing authority to state in writing at the time permanent status is being granted that the time served in a provisional status has been applied toward completion of a probationary period.

10.1.c. Time spent by probationary employees on unpaid leave of absence, disciplinary suspension, or non-disciplinary suspension resulting in separation from employment through resignation, transfer or dismissal extends the probationary period correspondingly.

10.1.d. The probationary period for part-time employees shall be for an equal amount of time based on the full-time equivalent as that for a full-time employee in the same classification [i.e., a six-month probationary period for a 50% full-time equivalent part-time employee would be twelve (12) months].

10.2. Conditions Preliminary to Permanent Appointment.

10.2.a. Four (4) weeks prior to the end of the probationary period, the appointing authority shall obtain from the probationary employee's supervisor a statement in writing recommending that the employee be continued or not be continued in service. This statement shall include an appraisal of the employee's services and should include a service rating in conformity with the system of performance evaluation prescribed by the Director. If the appointing authority determines that the services of the employee shall be retained, the appointing authority shall notify the employee and the Director of the action no later than the last day of the probationary period.

10.2.b. In the event the appointing authority takes no action on the status of a probationary employee before the expiration of the probationary period, either to retain or dismiss, the employee shall be considered as having attained permanent status. Permanent status begins the first day following the expiration of the probationary period.

10.3. Demotions during Probation. -- The serving of a probationary period shall not, of itself, prevent an employee from being demoted with prejudice to a position in a lower class, provided he or she meets the minimum qualifications of the lower class. However, the appointing authority may not take this action until the employee has been presented with the reasons in writing and has been given a reasonable time to reply in writing, or to appear personally and reply to the appointing authority or his or her designee. The appointing authority shall not take this action until the employee has completed one-third of the probationary period and the appointing authority has obtained the approval of the Director. The probationary period for the class of position to which the employee is demoted begins with the date of demotion.

10.4. Transfers during Probation. -- An appointing authority shall not transfer an employee during his or her probationary period.

10.5. Dismissal during Probation.

10.5.a. If at any time during the probationary period, the appointing authority determines that the services of the employee are unsatisfactory, the appointing authority may dismiss the employee in accordance with subsection 12.2 of this rule. If the appointing authority gives the fifteen (15) days' notice on or before the last day of the probationary period, but less than fifteen (15) days in advance of that date, the probationary period shall be extended fifteen (15) days from the date of the notice and the employee shall not attain permanent status. This extension shall not apply to employees serving a twelve-month probationary period.

10.5.b. The Director may restore the name of a probationary appointee who has been dismissed to the register from which he or she was certified, in accordance with the procedure described in subsection 7.4 of this rule, but the Director shall not in the future certify the name of that person to the same appointing authority from the same register or for the same classification.

W. Va. Code R. § 143-1-10