VII121 - USM

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  182.0 VII-1.21- UMS POLICY ON PROBATION FOR NONEXEMPT EMPLOYEES
  (Approved by the Board of Regents, July 12, 1996)
 
  I.   Purpose and Applicability
 
       The purpose of this policy is to establish the principles
       under which Nonexempt employees shall serve a trial period at
       work in order to demonstrate their ability to perform the
       duties and fulfill the responsibilities of their positions.
       This policy applies to all regular appointments to Nonexempt
       positions.
 
  II.  Definitions
 
       The following terms and definitions shall apply for purposes
       of this policy.
 
       A.   Probationary Period: a trial period of work in a job
            class
 
       B.   Original probationary period: a trial period of work
            following original appointment to a Nonexempt job class
            at each UMS institution.
 
       C.   Status change probationary period: a trial period of work
            as a result of reinstatement or reclass/transfer
            (promotional, lateral, or a demotion).
 
  III. Length of Probationary Period
 
       A.   Original and status change probationary periods shall be
            six (6) months.
 
       B.   Upon request by the appropriate administrator, the
            institution Chief Executive Officer or designee may
            extend an original or status change probationary period
            an additional six (6) months.
 
       C.   A contractual or temporary employee who is appointed as
            a regular employee without a break in service to the same
            position held during the contractual or temporary
            appointment will have the time spent as a  contractual or
            temporary employee apply towards completion of the
            probationary period.  However, upon request by the
            appropriate administrator and regardless of the time
            spent in the position, the institution Chief Executive
            Officer or designee may require a probationary period of
            six months.  In accordance with III.B. above, the
            probationary period may be extended an additional six (6)
            months.
 
  IV.  Rejection During Probationary Period
 
       A.   Original Probationary Period
 
            1.   An appropriate administrator may separate an
                 employee on original probation without reason at
                 any time.
 
            2.   Two weeks written notice prior to the expiration
                 date of the probationary period shall be provided
                 to an employee who is rejected on original
                 probation.
 
            3.   The written notice shall advise the employee of the
                 right to appeal the rejection to the institution
                 Chief Executive Officer or designee.
 
       B.   Status Change Probationary Period
 
            1.   An appropriate administrator may separate an
                 employee serving a status change probationary
                 period for cause.
 
            2.   The appropriate administrator shall provide to the
                 employee and the Chief Executive officer or
                 designee written notice of the rejection at least
                 thirty (30) calendar days prior to the end of the
                 probationary period.  The notice shall state the
                 reasons for and effective date of the rejection and
                 shall advise the employee of the right to appeal.
 
            3.   An employee whose job class has been changed as a
                 result of a promotion and is rejected during a
                 status change probationary period shall be restored
                 to his/her former position if it is vacant or held
                 by a temporary employee.
 
       C.   Exception to Period of Notice
 
            The period of notice for original and status change
            rejection on probationary period may be shortened as
            necessary in the event of the employee�s incompetence or
            gross misconduct which jeopardizes essential services.
 
       D.   Merit Steps While on Probation
 
            Merit steps shall not be granted during original
            probationary periods.
 
  V.   Appeal of Rejection on Probationary Period
 
       A.   Original Probationary Period
 
            An employee rejected during an original probationary
            period may appeal within five working days of written
            notice based solely on grounds of procedural deficiency
            or violation of law under UMS BOR VII 8.10 - Policy on
            Special Action Appeals for Classified Employees.
 
       B.   Status Change Probationary Period
 
            An employee rejected during a status change probationary
            period may appeal within 5 working days of written notice
            of the rejection under the UMS BOR VII - 8.10 - Policy on
            Special Action Appeals for Classified Employees.
 
  VI.  UMS Police Officers Length of Probationary Period
 
       Original and status change probationary periods for UMS Police
       Officer job classes shall be for one year following completion
       of mandated training approved by the Maryland Police and
       Correctional Training Commission.
 
  VII. Persons Not Subject to Probation
 
       A.   An employee who has satisfactorily completed an original
            probationary period in a Nonexempt job class who is
            reinstated to the same Nonexempt job class in the same
            department shall not serve a probationary period.  If a
            probationary period has not been completed, the remainder
            of the probationary period shall be served.
 
       B.   A regular employee who has served an original
            probationary period and whose position is reclassed shall
            not serve a probationary period.  If the employee has not
            completed an original probationary period and the
            position is reclassed, the employee will serve the
            remainder of the probation in the other job class.
 
       C.   A regular employee who has been placed on temporary
            assignment/reassignment shall not be subject to a
            probationary period.
 
       D.   An employee who has been demoted to a Nonexempt job class
            in which a probationary period has been previously served
            shall not serve a probationary period.
 
  IMPLEMENTATION PROCEDURES:
 
       Each Chief Executive Officer shall identify his/her designee,
       if appropriate, for this policy; shall develop procedures as
       necessary to implement this policy; and shall forward a copy
       of the procedures to the Chancellor.
 
  Replacement for:
 
       The following policy as it applies to Nonexempt employees of
       the UMS only is replaced effective July 1, 1996.  However,
       Exempt employees will continue to be covered under such
       applicable existing policies until such time as revised
       policies governing Exempt employees are approved:
 
       UM Personnel Policies and Rules for Classified Employees,
       Section II Classified Employment, Probation, pages II-15 - II-
       19.
 
       Additionally, this policy supersedes, in whole or in part, any
       policy(ies) and/or procedure(s) established by the Regents,
       Trustees, Presidents, or their designees, of the former
       institutions of the University of Maryland and of the former
       State Universities and Colleges, and of the Regents of the
       University of Maryland System that are in conflict with this
       policy's purpose, applicability, or intent, that may have been
       overlooked and not included as a specific citation under
       "Replacement for."
 
 
 
  SHRC - 4/4/96; CUSS - 4/16/96; VPAF - 5/21/96; UMSA - 5/22/96; CC -
   6/3/96, BOR 7/12/96
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