Current through Rules and Regulations filed through March 20, 2024
(1)
General
Provisions.
(a) Working test is a
probationary period of employment for a classified employee during which the
employee must demonstrate to the satisfaction of the Appointing Authority the
knowledge, ability, aptitude, and other necessary qualities to perform
satisfactorily the duties of the position in which employed.
(b) Once the employee successfully completes
a working test period in a job, the employee gains permanent status in that
job. Permanent status grants the employee additional notice and appeal rights
that are not required during working test.
(c) While on working test, the employee can
be returned without appeal rights to the last lower job in which the employee
has permanent status if such action is determined appropriate by the Appointing
Authority. If the permanent status job is not used by the Appointing Authority,
the employee can be placed in an equivalent lower classified job, for which the
employee is qualified.
(2)
Applicability.
(a) This Rule applies only to employees in
the classified service as defined in Rule
478-1-.02 (Terms and
Definitions).
(b) Working test
applies when an employee is promoted into a higher classified position or when
a working test period is part of an agreement to dispose of an adverse action
appeal.
(c) Promotions:
1. Following promotion into a classified
position, the employee will serve a working test period. The working test shall
be an essential part of the promotion process during which the employee must
demonstrate the capability to perform satisfactorily.
2. The DOAS Commissioner may fix the length
of the working test period for any job at not less than six (6) nor more than
eighteen (18) months. The working test period will be the first six (6) months
in a position unless the DOAS Commissioner designates a different length. The
length of the working test period shall apply to all positions in the job
affected, but if the period is increased in duration, employees employed under
the shorter period will acquire permanent status as if the length had not been
increased, unless otherwise specified by the DOAS Commissioner.
(d) Adverse Action Appeal
Agreements:
As part of an agreement to dispose of an adverse action appeal,
a classified employee may be placed on working test. The length of the working
test period and the consequences of failure to satisfactorily complete such
working test shall be clearly indicated in the terms of the agreement.
(3)
Extending
Working Test. The working test period shall be extended day for day by
any time spent on leave with pay under the State Personnel Board Rule
provisions for Special Injury Leave (Rules
478-1-.16(8)(c) and
478-1-.16(8)(d)) or
in non-pay status. Exception: Time spent in non-pay status for ordered
uniformed service (as defined in the Uniformed Services Employment and
Reemployment Rights Act) shall not extend the working test period.
(4)
Midpoint Review.
(a) The Appointing Authority, or designee,
shall conduct a midpoint performance review for each employee serving a working
test period.
(b) The midpoint
review shall be presented to the employee within ten (10) calendar days of the
date the employee completes one-half of the working test period or as near to
that date as is practicable.
(c)
The midpoint review shall include an evaluation of the employee's progress and
recommendations, if any, for corrective action.
(5)
Granting Permanent Status.
It shall be the responsibility of the Appointing Authority to determine whether
a working test employee is to be granted permanent status. Permanent status is
effective on the calendar date following completion of the working test period.
An employee who is not transferred, demoted, or separated prior to eligibility
for permanent status shall acquire permanent status. Exception: Permanent
status shall not be granted to a classified employee prior to the acquisition
and submission to the Appointing Authority of any required license or
certificate.
(6)
Failure to
Attain Permanent Status.
(a) If it is
determined, prior to the completion of the working test, that the employee is
not to be granted permanent status, the Appointing Authority may:
1. Demote the employee to a classified
position equivalent to the last permanent status position held;
2. Transfer the employee to a classified
position for which the employee is qualified as provided in Rule
478-1-.15 (Changes to Employment
Status);
3. Separate the employee
as provided in Rule
478-1-.26 (Adverse Actions for
Classified Employees); or,
4.
Pursue a voluntary agreement with the employee on movement to a suitable
vacancy for which the employee is qualified.
(b) If an employee is transferred or demoted
to a classified position, the employee will be considered to have permanent
status in the new job on the effective date of the action.
(c) An employee shall be notified in writing
of failure to attain permanent status but the action may not be appealed unless
otherwise provided in these Rules. (See Rules
478-1-.26 [Adverse Actions for
Classified Employees] and
478-1-.27 [Appeals and Hearings for
Classified Employees].)
O.C.G.A. Secs.
45-20-3, 45-20-3.1, 45-20-4, 45-20-6.
