State employees are required to serve an initial six month probationary period upon their hire. Employees on initial probation can have their employment terminated without cause. Initial six month probationary periods can be extended up to a total of one year from the date of hire.
In order for an initial probationary period to be extended, our union contract requires state agencies to give notice in writing prior to the initial probationary period ending. If the initial probationary period is being extended for performance reasons, the specific performance improvement requirements must be provided in writing.
One of our DHHS members in O’Neill received a written probation extension, and the letter said that she would be provided with specific performance improvement requirements. However, the performance improvement requirements never came. Months later, her employment was terminated.
Our union filed a grievance, arguing that our member had grievance and due process rights because her probationary period ended after six months of employment because DHHS failed to properly extend the probationary period.
The State Personnel Board ruled that our member needed to raise the issue of the improper probation extension within 15 days of receiving the deficient letter. Our union believes that no action was necessary because it was DHHS who failed to properly extend the probationary period.
The case was appealed to the District Court of Lancaster County, and the case has been briefed and will be argued before the court next month. In the meantime, members are strongly encouraged to contact us right away if they receive a letter extending their initial probationary period. Unless the District Court overturns the Personnel Board’s decision, strict time limits apply to address improper probation extensions.
It’s best to check with your union representative immediately if the probationary period is extended in writing. Union representatives can review the documents to make sure they comply with our contract, and if not, take action to preserve your rights.