55 Pa. Code § 52.20 - Provisional hiring
(a) A provider
may hire a person for employment on a provisional basis, pending receipt of a
criminal history check, provided that the following are met:
(1) The provider is in the process of
obtaining a criminal history check as required under §
52.19 (relating to criminal
history checks).
(2) A provider may
not hire a person provisionally if the provider has knowledge that the person
would be disqualified for employment under
18 Pa.C.S. §
4911
(relating to tampering with public records or information).
(3) A provisionally-hired employee shall
swear or affirm in writing that he is not disqualified from employment under
this chapter.
(4) A provider shall
monitor the provisionally-hired person awaiting a criminal history check
through random, direct observation and participant feedback. The results of
monitoring must be documented in the person's employment file.
(5) The period of provisional hire may not
exceed 30 days for a person who has been a resident of this Commonwealth for at
least 2 years.
(6) The period of
provisional hire may not exceed 90 days for a person who has been a resident of
this Commonwealth for less than 2 years.
(b) If the information obtained from the
criminal history check reveals that the person is disqualified from employment
under §
52.19, the provider shall
terminate the provisionally-hired person immediately.
(c) When subsection (a) conflicts with
Chapters 2380 and 2390 (relating to adult training facilities; and vocational
facilities), 6 Pa. Code Chapter 11 (relating to older adult daily living
centers) or 28 Pa. Code Chapters 601 and 611 (relating to home health care
agencies; and home care agencies and home care registries), subsection (a) is
not applicable.
Notes
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