| 1.0 |
SUBJECT:
Layoffs and Probationary Periods |
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| 2.0 |
EFFECTIVE
DATE: December 6, 2002 |
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| 3.0 |
DISTRIBUTION: Agency Human
Resource Managers |
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| 4.0 |
FROM: Bobbi J. Mariani, Director
DATE: December 6, 2002 |
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| 5.0 |
PURPOSE: To
clarify that K.A.R. 1-14-8(e) takes precedence over K.A.R. 1-7-4 in
regards to an employee’s original probationary period being extended
due to a proposed layoff. |
| 6.0
| BACKGROUND:
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The Division has received several inquires regarding the
possibility of an employee’s original probationary period
being extended beyond the twelve month maximum found in K.A.R.
1-7-4 when an appointing authority submits a layoff notice under
K.A.R 1-14-7. Since K.A.R. 1-14-8(e) prohibits original
probationary employees from becoming permanent after the date
the appointing authority has notified the director of a proposed
layoff, it is possible in certain instances that an employee
could remain on probation beyond the twelve-month maximum. This
would seem to contradict the language found in K.A.R 1-7-4 that
allows for a maximum of a twelve-month probationary period.
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| 7.0 |
PROCEDURES: |
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The provisions of K.A.R. 1-14-8(e) shall take precedence over
K.A.R. 1-7-4 when an appointing authority has submitted a layoff
notice under K.A.R. 1-14-7.
K.A.R. 1-14-8(e) states that:
"New hires and rehires on probation shall
not be granted permanent status on or after the date the appointing authority has
notified the director of a proposed layoff. However, any new
hire or rehire on probation in a position for which no
employee subject to layoff meets the required selection
criteria may be given permanent status. New hires and rehires
on probation shall have their probationary period extended
until it is certain that no permanent employee whose position
is to be vacated by layoff or who otherwise would be laid off
through the exercise of bumping rights is claiming the
probationary position."
Original probationary employees affected by K.A.R. 1-14-8(e) will
have their length of service continue between the time the director
receives a layoff notice and the effective date of the layoff, however
no probationary employee will receive permanent status during this
time period. Any original probationary employee affected by K.A.R
1-14-8(e) who has served a probationary period in excess of twelve
months shall immediately attain permanent status upon the effective
date of the layoff.
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| 8.0 |
REFERENCES: K.A.R. 1-7-4,
1-14-7 and 1-14-8(e) |
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| 9.0 |
CONTACT
PERSON: Lois Ryan at lois.ryan@da.ks.gov or (785) 296-4274. |