Haw. Code R. § 8-63-40 - Probationary appointment

(a) All vacancies and new positions in the civil service shall be filled by probationary appointments, except as provided by these rules. The probationary period shall be utilized as part of the examination process to determine the fitness and ability of the employee for employment in the position and civil service. An employee must meet the performance requirements of the position in order to successfully complete the probationary period.

(b) An initial probationary period shall be required when a person who does not have regular status or membership in civil service is appointed to a permanent civil service position, except as provided by these rules.

(c) A new probationary period shall be required of a regular employee when the employee:

(1) Is promoted to a permanent position;

(2) Is transferred to a permanent position in another class;

(3) Receives a voluntary demotion to a permanent position which is not in the same series; or

(4) Is in a position which is reallocated to a class in a higher pay range.

(d) The appointing authority has the discretion to require a new probationary period where not required under subsection (c) above.

(e) Initial and new probationary periods shall be for a period of six months. However, this provision may be modified and the assistant superintendent may establish a longer initial probationary period for a class of work when a longer period is needed to adequately train and evaluate the employee. The assistant superintendent shall identify these classes and the duration of the probationary period in guidelines.

(f) The appointing authority may extend the probationary period upon written notification to the employee and the assistant superintendent prior to the expiration of the probationary period. Failure to inform the employee in writing of the extension shall result in the employee being granted a permanent appointment by default. The appointing authority may extend the probationary period for any of the following reasons:

(1) Further evaluation of the employee's ability to successfully perform the duties of the position is required. The extension shall not exceed six months or as deemed appropriate by the assistant superintendent;

(2) The employee's absence affects the appointing authority's ability to evaluate the employee's performance. The duration of the adjustment shall .not exceed the period of absence or combined periods of absences;

(3) A final determination of the employee's suitability for employment has not been made provided the extension shall not exceed six months; or

(4) The appointment may be affected due to a pending appeal against the selection. Upon resolution of such appeal, the appointing authority shall notify the assistant superintendent who will take appropriate action.

(g) Crediting of service as part of the employee's probationary period may be allowed under the circumstances below:

(1) Service in a temporary position or a permanent position temporarily vacant or any part of service in a temporarily reallocated position may be credited as part of the employee's probationary period should changes subsequent to the initial date of the temporary reallocation warrant the granting of a probationary appointment in the same class;

(2) Any part of an initial probationary period served in a position, prior to being transferred to a different position in the same class, may be credited as part of the employee's initial probationary period; or

(3) A probationary period is not required when an employee filling a permanent position temporarily vacant will be given a permanent appointment to the position if it later develops that the vacancy will be permanent and the employee was appointed through a civil service recruitment procedure to this vacancy. The employee must have been performing the duties of the position in a satisfactory manner for at least six months and the appointing authority certifies that the period of temporary service immediately preceded the new appointment and that the employee's duties are essentially similar to the duties to be performed for the initial probationary period for the same or related position.

(h) A member's new probationary period may be terminated and the employee shall be permitted to return to the former position or another position in the former class in the department where the employee last held a permanent appointment and shall be restored as though the employee had remained in the position continuously. For compensation purposes such a release shall be considered a termination of the promotion.

Notes

Haw. Code R. § 8-63-40

[Eff JUN 29 2012] (Auth: HRS §§ 302A-1112, 76-17) (Imp: HRS §§ 76-12, 76-13)