No. 30055: R477-5. Employee Status and Probation

DAR File No.: 30055
Filed: 06/09/2007, 11:06
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 67-19-16(5) requires agency heads to make hires from hiring lists for probationary periods established by rule and for the Director of the Department of Human Resource Management (DHRM) to make rules establishing probationary periods.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Human resource staff in the Department of Human Services requested that management be allowed to extend the probationary period for a new employee under certain circumstances when the employee is absent for a long period of time during probation. They reason that probation is a period for management to evaluate whether a new employee can perform the job duties. A long absence may severely restrict the ability of management to make a good judgment. DHRM agreed and amended the rule to allow management to extend the probationary period when the employee is absent for reasons defined in the federal Family Medical Leave Act. Human resource staff from several agencies also requested that the rule on probationary periods be amended to clarify that a probationary termination is outside the normal termination process for career service employees and that the probationary employee has no due process rights as a result. DHRM agreed and made the appropriate amendments.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule implements the requirements of Section 67-19-16 regarding probationary periods. The probationary period is the final step in the selection process and the gateway to merit status. Therefore, this rule should be continued. DHRM agreed with all written proposals to amend this rule.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director