Fla. Admin. Code Ann. R. 60L-33.003 - Status

(1) Exempt Status - indicates that an employee is exempt from the Career Service as provided in Section 110.205, F.S.

(a) Employees appointed to fill positions in the Selected Exempt Service, Senior Management Service, or Other Personal Services shall be given exempt status.

(b) Employees with exempt status shall serve at the pleasure of the agency head and shall be subject to personnel actions at the discretion of the agency head. Such personnel actions tantamount to suspension, dismissal, reduction in pay, demotion, or transfer are exempt from the provisions of Section 110.227 and Chapter 120, of the Florida Statutes.

(2) Probationary Status - indicates that a career service employee is serving a required probationary period of at least one year. While in probationary status the employee serves at the pleasure of the agency head and has no notice or appeal rights pursuant to Section 110.227, and Chapter 120, of the Florida Statutes.

(a) The probationary period may be extended at the discretion of the agency head or designee if there is a documented business reason for the extension. Probationary periods may not be extended for:

1. Employees on military leave. Time spent on any form of military leave shall count toward completion of the probationary period, and an employee on military leave may attain permanent status in the position while on such leave.

2. Employees on leave pursuant to the Family and Medical Leave Act (FMLA). If the probationary period expires while on such leave, the employee shall obtain permanent status in the current position. However, if there are time-limited conditions, tests or any other requirements in place prior to beginning FMLA leave that the employee is required to fulfill in order to maintain employment, the employee's probationary period may be extended to allow the employee an opportunity to fulfill those requirements.

(b) The duration of a probationary period may not exceed 18 months.

(c) The probationary period shall be the same for both part-time and full-time employment.

(3) Trainee Status - An employee appointed to a position as a trainee shall be given trainee status in accordance with the trainee program developed by the agency. The program shall include an outline of the proposed pay schedule for the training period, including justification for the proposed schedule. An employee may not become permanent in a position while in trainee status. Time spent on trainee status shall not count toward completion of a probationary period.

(4) Permanent Status - Permanent status indicates that a career service employee has successfully completed the required probationary period and has attained notice and appeal rights pursuant to Section 110.227, F.S., in the current position. Permanent status is attained on a position-only basis and must be attained for each appointment in accordance with the provisions of this rule chapter. Part-time employees and employees filling shared employment positions attain permanent status in their current positions in the same manner as full-time employees.

(5) In the case of a legislatively mandated transfer, an employee retains the status held in the position prior to the time of transfer unless the legislature directs otherwise.

Notes

Fla. Admin. Code Ann. R. 60L-33.003

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.213, 110.2135, 110.217, 110.403, 110.503, 110.605 FS.

New 1-22-02, Amended 4-3-03, 1-26-14.

New 1-22-02, Amended 4-3-03, 1-26-14.