| If an employee is promoted during their
original probationary period, the promotion does not
automatically change the employee’s probationary status.
Example: An employee begins work with
the State of Kansas on January 10 and will serve a
six-month probationary period. The employee is promoted
May 1 with a six-month probationary period for the new
position. The employee obtains permanent status as a state
employee on July 10 even though probation for the position
doesn’t end until November 1.
Action must be taken and notice given to
the employee if the original probationary status is to be
changed to coincide with the probationary period for the new
position. In accordance with K.A.R. 1-7-6(a), a probationary
performance review must be conducted prior to the end of the
probationary status period either granting the employee
permanent status or extending the original probationary
period.
In the above example, the supervisor of
the position the employee was promoted to must give the
employee a performance review prior to July 10 to
recommend permanent status or extend probationary status.
In this case, it would be conceivable to extend probation
until November 1 to coincide with the probationary period
for the new position or to grant the employee
permanent status as a state employee while the employee
continues to serve the probationary period for the new
position.
Once an employee has obtained permanent
status as a state employee, the employee is granted the
rights and privileges of the Civil Service Act. If an
employee with permanent status is unsuccessful during the
probationary period for the position, K.S.A.
75-2944(b) governs what can happen.
Using the above example, the employee
achieved permanent status on July 10. On September 10, the
supervisor determines that the employee is not successful
in the new position. In this case, the employee has
achieved permanent status as a state employee so the
requirements of K.S.A. 75-2944(b) would apply.
If the promoted employee remains in
original probationary status, then the employee can be
terminated upon receipt of a performance review that
indicates unsatisfactory performance. Employees terminated
for poor performance during their original probationary
status must be given an unsatisfactory performance review.
Using the same example, the supervisor
extended the employee’s probationary status as a state
employee until November 1. On September 10th, the
supervisor can give the employee an unsatisfactory
performance review and terminate the employee since
the employee would still be in probationary status as a
state employee.
In all cases, the agency must provide clear notice to the
employee regarding the effect of a promotion on the employee’s
probationary status as a state employee.
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