Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Probationary Appointment: The probationary period is an essential extension of
the selection process and provides the time for effective adjustment of the new
employee or elimination of those whose performance will not meet acceptable
standards. Probationary appointments are administered as follows:
(1) The agency shall require a probationary
period for:
(A) Individuals receiving original
appointments to permanent positions;
(B) Employees accepting a position in a
different agency in the same county or in another county that is subject to
G.S. Chapter 126. This applies to those who have already achieved career
status; and
(C) Individuals being
rehired following a 31 day break in service may be required to serve a
probationary period as set out in Subparagraph (2).
(2) Individuals being rehired may be required
to serve a probationary period if:
(A) the
essential duties and responsibilities of the position into which the employee
is being rehired are significantly different from those of the position held at
the time the employee left; or
(B)
in the judgment of the employing agency, a new probationary period is justified
based on previous employment history and the specific reasons for the new
probationary period are communicated to the employee in the job
offer.
(3) Employees
with career status who serve a new probationary period as set out in Part
(a)(1)(B) of this Rule shall be returned to career status upon successful
completion of the new probationary period;
(4) The length of the probationary period
shall not be less than three nor more than nine months of either full-time or
part-time employment. The length is dependant upon the complexity of the
position and the rapidity of progress made by the particular individual in the
position. If the desired level of performance is not achieved within nine
months after appointment, the employee shall be separated from service unless
in trainee status; an employee with a trainee appointment is expected to make a
satisfactory progress, but is not permanent until he has completed the training
period;
(5) At any time during a
probationary period an employee may be separated from service for causes
related to performance of duties or for personal conduct detrimental to the
agency without right of appeal or hearing. The employee must be given notice of
dismissal, including reasons; and
(6) Employment in a temporary appointment may
be credited toward the probationary period at the discretion of the appointing
authority. Employment in an intermittent or emergency appointment shall not be
credited toward the probationary period.
(b) Trainee Appointment: A trainee
appointment may be made to a position in any class for which the specification
includes special provisions for a trainee progression leading to a regular
appointment. Trainee appointments are administered as follows:
(1) An individual who possesses the
acceptable training and experience for the class may not be appointed as a
trainee;
(2) The specification for
each class in which a trainee appointment is authorized will define the minimum
qualifications for the trainee appointment and the minimum qualifications for a
regular probationary appointment. It is expected that the individual will
progress through supervised experience to a minimum level of satisfactory
performance in the position during a period of time indicated by the difference
between the amounts of experience required for the two types of appointments.
This limit does not include time spent on educational leave or additional time
required to participate in a work-study program designed to meet educational
requirements for the class. An employee may not remain on a trainee appointment
beyond the time he meets the educational and experience requirements for the
class. After the employee has successfully completed all educational and
experience requirements he shall be given probationary or permanent status in
the position or shall be separated. If the period of the trainee appointment
equals or exceeds nine months, the employee must be given permanent status or
be separated at the completion of the trainee period;
(3) If an employee with permanent status in
another class accepts a trainee appointment, the permanent status will be
waived for the duration of the trainee appointment. The employee can regain
permanent status either through successful completion of the trainee
appointment, by reinstatement to the class in which he previously held status,
or by transfer to a position in a class for which he/she would have been
eligible based on previous permanent status; and
(4) A former employee who does not meet the
minimum requirements of the class to which he is being appointed shall be given
a trainee appointment. All requirements for the trainee appointment must be
satisfied prior to attaining permanent status.
(c) Permanent Appointment. A permanent
appointment is an appointment to a permanently established position when the
incumbent is expected to be retained on a permanent basis. Permanent
appointments follow the satisfactory completion of a probationary or trainee
appointment, or may be made upon reinstatement of a qualified employee.
Permanent appointments do not confer career status. Career status is achieved
only when the conditions set out in
G.S.
126-1.1 are met. Continuous service
creditable toward career status shall be transferred when an employee accepts a
position in an agency subject to the State Human Resources Act in the same
county or in another county.
(d)
Time-Limited Appointment. A time-limited appointment may be made to:
(1) a permanent position that is vacant due
to the incumbent's leave of absence and when the replacement employee's
services will be needed for a period of one year or less; or
(2) to a permanent position that has an
established duration of no more than two years. Such appointment shall not be
made for less than six months. If at the end of the two year time-limited
appointment, the work is expected to continue and the position becomes
permanent, the employee shall be given a permanent appointment. A time-limited
appointment is distinguished from a temporary appointment by the greater length
of time, and from the regular permanent appointment by its limited
duration.
(e) Temporary
Appointment. A temporary appointment may be made to a permanent or temporary
position. The appointment shall be limited to a maximum duration of 12
months.
(f) Pre-Vocational Student
Appointment. This appointment is to be used to enable students to gain
practical knowledge of their particular occupational area of interest. A
suitable plan for training under close supervision must be developed for the
individual. In the case of a co-operative, work study, internship, or similar
appointment, the time schedule for work must be determined. The basis of
eligibility and selection for such an appointment shall be outlined in a formal
plan developed by the participating agencies for each type and level of student
involvement. Upon successful completion of their training, individuals may be
considered for any vacant position for which qualified.
(g) Emergency Appointment: An emergency
appointment may be made when an emergency situation exists requiring the
services of an employee before it is possible to identify a qualified applicant
through the regular selection process. Emergency appointments are administered
as follows:
(1) When it is determined that an
emergency appointment is necessary, all other requirements for appointments
will be waived;
(2) An emergency
appointment may be made for a period of up to 60 work days (consecutive or
non-consecutive), or a total of 480 hours; and in pay status.
(3) Any one individual may not receive
successive emergency appointments with the same department or agency. At least
three calendar months must elapse after the conclusion of the emergency
appointment before that department or agency can give the same individual
another emergency appointment.
(h) Appointment of Incumbents in
Newly-Covered Programs:
(1) Upon extension of
State Human Resources Act requirements to a program, position, or group of
positions, the incumbent(s) may be appointed with permanent status in his
classifications under any of the following circumstances:
(A) The employee is qualified for
reinstatement on the basis of previous permanent status in a comparable
position; or
(B) The employee has
at least three months of satisfactory service in the program or agency, as
certified by the appointing authority, and the appointing authority recommends
that the employee be granted permanent status;
(2) If the agency fails to grant permanent
status within nine months from the initial coverage then the incumbent must be
terminated. Employees given trainee appointments will be given permanent status
consistent with other trainee appointments; and
(3) Incumbents who have less than three
months of service with the agency shall be continued with no status until they
are granted permanent status or terminated as required in this Rule. Employees
with more than three months but less than nine months services in the agency
may be continued without status until nine months have elapsed. At the end of
nine months, however, the incumbent must be granted permanent status or
terminated.
(i)
Work-Against Appointment. When qualified applicants are unavailable and there
is no trainee provision for the classification of the vacancy, the appointing
authority may appoint an employee below the level of the regular classification
in a work-against situation. A work-against appointment is for the purpose of
allowing the employee to gain the qualifications needed for the full class
through on-the-job experience. The appointee must meet the minimum training and
experience standard of the class to which initially appointed. A work-against
appointment may not be made when applicants are available who meet the training
and experience requirements for the full class, and for the position in
question.
Authority
G.S.
126-4.
Eff. August 3,
1992;
Amended Eff. May 1, 2009;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. August 20,
2016.
