Article 14

Probation and Permanency

14.1 A probationary period is the period of credited service an employee who has received a probationary appointment shall serve in order to qualify for a permanent appointment.
14.2 A probationary employee is an employee serving a period of probation
14.3

The probationary period for employees is normally one (1) year of continuous credited service in a particular classification, unless extended by mutual agreement of the employee and the University, for employees new to the bargaining unit and for employees who apply for and are awarded a new position into a new bargaining unit APC/CSU Collective Bargaining Agreement Page 32 January 31, 2018 – June 30, 2020 classification. For employees whose positions are reclassified into any other bargaining unit classification, the one-year period begins from the first day of the pay period following the date the request for the classification review was received in the campus Human Resources Office.

The preceding provisions shall apply to any current employee who has served the applicable probationary period as of thirty (30) days following ratification of this Agreement by the parties.

Service Credit for Probation
14.4 Part-time temporary service shall not count as credited service for probation. Fulltime temporary service may count as credited service for probation when granted by the President.
14.5 Time spent by an employee in a temporary assignment to a higher or lateral classification pursuant to provision 17.4, Article 17, Assignment/ Reassignment, may be credited towards probation if the employee receives an appointment to that same higher or lateral classification.
14.6 A year of service for an employee in an academic year position is two (2) consecutive semesters or three (3) consecutive quarters of employment within an academic year. For an academic year employee at a facility with a quarter system, year-round operation, a year of service is any three (3) quarters in a period of four (4) consecutive quarters.
14.7 A year of service for an employee in a twelve (12) month position is any consecutive twelve (12) months of full-time employment.
14.8 A year of service for an employee in a ten (10) month or eleven (11) month position is, respectively, ten (10) or eleven (11) months of full-time employment within a twelve (12) month period of time. The ten (10) or eleven (11) months of required service for each twelve (12) month period shall be determined by the President upon appointment of the employee.
Change of Position
14.9 When a position is vacant and the campus policy requires that a recruitment search be conducted, the employee selected for a position that requires movement to a new classification may be required to serve a new probationary period. The length of service required for such a new probationary period shall be determined by the President, but any such new probationary period shall not exceed one year.
14.10 When a permanent CSU employee receives an appointment at another campus in the same classification in which he/she holds permanency, the President may reduce the length of the probationary period to be served.
14.11 If a reclassification action is taken and an employee is placed in a new classification, the employee may be required to serve a new probationary period. The length of service required for such a new probationary period shall be determined by the President, but any such new probationary period shall not exceed one year.
14.12 If a full-time employee with permanent status in a lower classification is advanced to a probationary appointment in a higher classification at the same campus and is denied permanency in the higher classification, he/she shall have the right to return to the lower classification with permanent status in that class. If the lower class has been abolished or superseded and the University determines a comparable class has been established, the employee shall have the right to move to the lower equivalent class with permanent status in that class.
Breaks in Service
14.13 An employee who is absent on any combination of WC, IDL, NDI, LWOP, or paid sick leave for a cumulative total of more than twenty-two (22) workdays during his/her probationary period may have his/her probationary period extended, but by no more than the number of workdays he/she was absent in excess of twenty-two (22).
14.14 If an employee who has made formal application for WC, IDL, or NDI would gain permanent status between the time of application for benefits and the granting or denial of benefits, and the employee’s performance justifies rejection, a rejection may be processed in the usual manner.
14.15 Except as otherwise provided for in this Agreement, the President shall determine if there has been a break in service when a full-time probationary employee is granted a partial leave of absence. When a probationary employee takes a leave of absence or is appointed to a new position, the President shall determine whether the time served before the leave or new appointment is counted in determining the remaining length of probationary service.
Rejection During Probation
14.16
  1. A probationary employee may be separated from service at any time by the President upon written notice of rejection during probation. The employee should normally be given not less than three (3) weeks’ notice of rejection during probation
  2. An employee rejected during probation may not use Article 10, Grievance Procedure, to grieve the decision to reject during probation. An employee may utilize the provisions of Article 5, Reconsideration Procedure, up to and including the Presidential level, to appeal the decision to reject during probation.
Permanent Status
14.17 Employees shall be awarded permanent status only by official written notification of the President, or designee, or by successful completion of the employee’s probationary period.
14.18 A full-time employee may hold permanent status in only one (1) classification at any given time.