Cal. Code Regs. Tit. 2, § 321 - Extension of Probationary Periods

(a) In the event a probationer has not worked the hours set forth below during the prescribed calendar length of the probationary period, the probationary period will be automatically extended until the probationer has worked the required number of hours specified below:

(1) 840 if serving a six-month probationary period; or

(2) 1260 if serving a nine-month probationary period; or

(3) 1680 if serving a one-year probationary period.

(b) Vacation, sick leave, military leave or other leaves of absence, compensating time off, suspension or other separations, including separations subsequently voided or otherwise set aside, shall not be considered working time.

(c) Where a probationary period is automatically extended pursuant to subdivision (a), the probationer shall be notified in writing of the extension, and shall also be notified of the date the extended probationary period will end.

(d) Where a probationer is absent from work for a period of time that is one-third or more of the length of the probationary period as specified in subdivision (a) and the appointing power finds that the automatic extension of the probationary period provides insufficient time to properly evaluate the probationer's job performance, the appointing power may extend the probationary period beyond the time periods specified in subdivision (a), not to exceed the length of time, calculated in hours, that the probationer was absent. For purposes of this subdivision, the following calculations apply:

(1) One-third of the six-month probationary period equals 280 hours.

(2) One-third of the nine-month probationary period equals 420 hours.

(3) One-third of the one-year probationary period equals 560 hours.

(e) Where a probationary period is extended pursuant to subdivision (d), the probationer shall be notified in writing of the reasons for the extension, and shall also be notified of the date the extended probationary period will end.

(f) The written notification for extension of the probationary period under subdivision (a) and/or (d) shall be served on the probationer at least 10 calendar days prior to the expiration of the probationary period.

(1) A probationer served with written notification may submit a written response to the Executive Officer within five calendar days after service of the request.

(2) The Executive Officer may approve, modify, or deny the extension, or request further information before making a decision.

(3) If the probationary period will end during the Executive Officer's review, the probationary period shall be automatically extended according to the appointing power's extension until the Executive Officer's decision is issued. If the extension is approved or otherwise modified, this period of time shall count toward the extended probationary period. If the Executive Officer denies the appointing power's extension of the probationary period, the probationary period shall be automatically extended by an additional ten working days from the date of service of the Executive Officer's decision to allow the appointing power sufficient time to proceed with a rejection during probation.

(g) A probationary period may be extended for a maximum of five working days in order to comply with notice requirements as set forth in section 52.6, concerning rejections during probation.

(h) Where an appointing power and a probationer with a disability, as defined in Government Code section 12926, have entered into a proposed written agreement to extend the probationary period in order to provide the probationer with reasonable accommodation, all of the following shall apply:

(1) The period of the extension shall not exceed six months.

(2) The written agreement shall set forth the beginning and ending dates of the extension of probation and describe how the extension will allow the probationer to demonstrate the ability to satisfactorily perform the essential functions of the position with reasonable accommodation before the extended probationary period ends.

(3) The appointing power shall submit the written agreement to the Board for review prior to the end of the probationary period. The Board may approve, disapprove, or modify the written agreement, or require additional information. The Board shall notify the appointing power and probationer in writing of its decision.

(4) If the probationary period will end during the Board's review, the probationary period shall be automatically extended within the terms of the written agreement until the Board's decision is issued. If the written agreement is approved or otherwise modified, this period of time shall count toward the extension of time specified in the written agreement. If the Board declines to approve the written agreement, the probationary period shall be automatically extended by an additional ten working days from the date of service of the Board's decision to allow the appointing power sufficient time to proceed with a rejection during probation. This ten working day extension is in addition to that provided under subdivision (g) above.

Notes

Cal. Code Regs. Tit. 2, § 321

Note: Authority cited: Cal. Const., art. VII, Section 3; and Sections 18502 and 18701, Government Code. Reference: Cal. Const., art. VII, Section 3; and Sections 19170 and 19173, Government Code.

Note: Authority cited: Cal. Const., art. VII, Section 3; Sections 18502 and 18701, Government Code. Reference: Cal. Const., art. VII, Section 3; Sections 19170 and 19173, Government Code.

1. Amendment of section and NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 70, No. 2.
2. Amendment filed 7-28-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
4. Amendment of subsection (c) and new subsections (d)-(e) filed 3-24-2003; operative 3-24-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).
5. Change without regulatory effect amending subsection (c) filed 4-11-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 15).
6. Amendment of section and Note filed 5-9-2018; operative 7/1/2018 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2018, No. 19).
7. Amendment of subsections (c)-(d), repealer of former subsections (e)-(e)(6), new subsection (e), amendment of subsections (f)-(f)(2) and new subsection (f)(3) filed 3-12-2024; operative 7/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).