File No. 33604
This rule was published in the May 15, 2010, issue (Vol. 2010, No. 10) of the Utah State Bulletin.
Human Resource Management, Administration
Employee Status and Probation
Notice of Proposed Rule
DAR File No.: 33604
Filed: 04/30/2010 12:10:34 AM
Purpose of the rule or reason for the change:
Amendments were made in response to H.B. 17 (2010 General Session). (DAR NOTE: H.B. 17 (2010) is found at Chapter 103, Laws of Utah 2010, and was effective 05/11/2010.)
Summary of the rule or change:
In Section R477-5-1, language is clarified and the Alternative State Application Program provisions are added.
State statutory or constitutional authorization for this rule:
- Section 67-19-6
- Subsection 67-19-16(5)(b)
Anticipated cost or savings to:
the state budget:
These changes are administrative and do not directly impact state budgets.
This rule only affects the executive branch of state government and will have no impact on local governments.
This rule only affects the executive branch of state government and will have no impact on small businesses.
persons other than small businesses, businesses, or local governmental entities:
This rule only affects the executive branch of state government and will have no impact on other persons.
Compliance costs for affected persons:
This rule only affects agencies of the executive branch of state government.
Comments by the department head on the fiscal impact the rule may have on businesses:
Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.
Jeff Herring, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Resource Management
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Jeff Herring, Executive Director
R477. Human Resource Management, Administration.
R477-5. Employee Status and Probation.
R477-5-1. Career Service Status.
(1) Only an employee who is [
appoint]ed through a pre-approved [ competitive ]process shall be eligible for appointment
to a career service position.
(2) An employee shall complete a probationary period prior to receiving career service status.
n] exempt employee may only convert to
career service status[ under the following conditions]:
T]he employee previously held career service status with
no break in service between exempt status and the previous career
service position[ .]
T]he employee was hired from a hiring list
as prescribed by Subsection
R477-4-[ 9][ .]
R477-5-2. Probationary Period.
The probationary period allows agency management to evaluate an employee's ability to perform the duties, responsibilities, skills, and other related requirements of the assigned career service position. The probationary period shall be considered part of the selection process.
(1) An employee shall receive an
opportunity to demonstrate competence [
in the job ]in a career
position. A[ s a minimum, a ]performance plan shall be established
and the employee shall receive feedback on performance in relation
to that plan.
(a) During the probationary period, an employee may be separated from state employment in accordance with Subsection R477-11-2(1).
(b) At the end of the probationary period, an employee shall receive a performance evaluation. Evaluations shall be entered into HRE as the performance evaluation that reflects successful or unsuccessful completion of probation.
(2) Each career service position shall be assigned a probationary period consistent with its job.
(a) The probationary period may not be extended except for periods of leave without pay, long-term disability, workers compensation leave, temporary transitional assignment, military leave under USERRA, or donated leave from an approved leave bank.
(b) The probationary period may not be reduced after appointment.
(c) An employee who has completed a probationary period and obtained career service status shall not be required to serve a new probationary period unless there is a break in service.
(3) An employee in a career service position who works at least 50% of the regular work schedule or more shall acquire career service status after working the same amount of elapsed time in hours as a full-time employee would work with the same probationary period.
(4) An employee serving probation in a career service position may be transferred, reassigned or promoted to another career service position. Each new appointment shall include a new probationary period unless the agency determines that the required duties or knowledge, skills, and abilities of the old and new position are similar enough not to warrant a new probationary period. If an agency determines that a new probationary period is needed, it shall be the full probationary period defined in the job description.
. Policy Exceptions.
The Executive Director, DHRM, may authorize exceptions to this rule, consistent with Subsection R477-2-2(1).
KEY: employment, personnel management, state employees
Date of Enactment or Last Substantive Amendment: [
July 1, 2009]
Notice of Continuation: June 9, 2007
Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-16(5)(b)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at email@example.com.