CIVIL SERVICE And/Or COLLECTIVE BARGAINING AGREEMENT

[CIVIL SERVICE and/or COLLECTIVE BARGAINING AGREEMENT] PROBATION PERIOD

All new employees hired to fill regular full-time positions must satisfactorily complete a probationary period of [insert length of probationary period]. [If applicable: ]

[Select one:] Employees covered by Chapter 143 of the Texas Local Government Code and/or a collective bargaining agreement shall serve a probationary period as contained in Chapter 143, Local Civil Service Rules, and/or the collective bargaining agreement.

Each employee serving in the probationary period is responsible for knowing, understanding, and meeting the expectations and standards for the position. In addition, each employee is also responsible for performing the job in a safe, productive, and effective manner within the instructions and established standards for the position. Furthermore, employees are expected to maintain acceptable standards of conduct in their employment. During the probationary period, it is the responsibility of the employee to correct any deficiencies or inadequacies in job performance, attitude, or conduct.

Absences During Probationary Period. During the probation period, an employee is eligible to use sick leave for qualifying absences, but may use vacation leave for an absence due to illness or injury only if all sick leave has been exhausted, if authorized by the employee’s Department Director and the Director of Human Resources. Compensatory time off or recognized holidays during the performance orientation period may be used as approved per established City/departmental policy or practice. Transferred or promoted employees serving in the orientation period retains eligibility for all types of leave established by City policy.

Probationary Performance Evaluations. All employees serving in the probation period shall be constantly evaluated and will receive a performance evaluation(s) in accordance with the “Performance Evaluation System” policy. These reviews are designed to evaluate each employee’s performance and to communicate that performance to the employee. The written reviews include a supervisory recommendation to retain or terminate the employee. [If applicable] Newly hired employees who successfully complete their probation period may receive a salary increase, if budgeted for that position.

Extensions to Probation Period. The probation period may be extended under the following circumstances:

At the end of the [insert length of period] initial period, the probation period may be extended for up to an additional [insert length of extension] when an employee’s performance has been marginal due to extenuating circumstances, additional training is warranted, or an employee’s absence from work for an

© 2010 Lynn Pham & Ross, LLP extended period of time did not permit an opportunity for adequate assessment of performance. The decision to extend or not to extend an employee’s probation may not be appealed. If an extension is granted, the employee will be advised in writing and given the date on which the extended probation period will be completed. Such extension will be at the sole discretion of the Department Director and the Director of Human Resources.

A probation period may be extended for time spent on an approved Leave of Absence including leaves of absences due to injury or illness or approved Military Leave. The approved extension will normally equal the length of time away from work. Accordingly, each full-day absence incurred by an employee during the probation period will normally extend the ____month probationary period by an additional day.

Successful Completion of Probation Period “Civil Service” Status Granted. An employee is granted “Civil Service” status in the new position if the employee satisfactorily completes the initial probation period.

Failure of Probation Period. An employee is considered to have failed the probation period when it is determined that the employee’s fitness, job performance, quality or quantity of work, attendance, or combination thereof, does not meet minimum job performance standards and expectations for the position. Failure of probation period may occur at any time within the probation period. An employee who does not successfully complete the probation period will normally be terminated from the City’s employment. If desirable and feasible, the employee may be administratively transferred to a more suitable position at the sole discretion of the City. Department Directors are responsible for ensuring the thorough written documentation of all cases of failure of the probation period, including documentation of counseling, training, and other efforts to help employees during their orientation period. All such documentation must be reviewed by the Director of Human Resources before an employee serving in the probation period can be terminated.

Termination of Employees Serving in the Probation Period . Employees serving in the initial orientation period are at-will employees and may be terminated at any time during the orientation period, with or without notice or cause. An employee serving in the initial orientation period who is terminated has no right of appeal. These employees are not entitled to progressive levels of discipline. Employees serving in the initial orientation period are otherwise subject to all policies and procedures of the City.

Sexual and Other Unlawful Harassment. Employees serving in the orientation period are subject in all respects to the City’s Sexual and Other Unlawful Harassment Policy. Employees serving in the orientation period have no right of appeal, however, if it is believed that unlawful harassment or discrimination has occurred. Such conduct must immediately be reported as set out in City Policy.