Probation Extension

A process initiated when an employee does not meet the required actual hours worked during the initial probationary period.

(Revised: 11/2020)

Definition

A probation extension is used when an employee does not meet the required actual hours worked during the initial probationary period as specified below:

  • 840 hours, if serving a six-month probationary period; or
  • 1260 hours, if serving a nine-month probationary period; or
  • 1680 hours, if serving a one-year probationary period.

Permanent half-time employees’ probationary period is double the length of the classification’s probationary period based on the hours. If the half-time employee’s probationary period will be extended, the process outlined within this policy shall be followed for program to request an extension.

Key Terms

Probationary period is a period of specified time (typically 6 or 12 months) at the beginning of an appointment that is used for a close review of an employee's performance prior to granting the employee permanent status.

Actual hours worked corresponds to the true number of hours actually worked in the scope of employment. According to California Code of Regulations (CCR), Title 2, Section 321(b),

“Vacation, sick leave, military leave or other leaves of absence, compensating time off, suspension or other separations, including separations subsequently voided or otherwise set aside, shall not be considered as working time.”

Therefore, absences due to vacation, sick leave, military leave, Administrative Time Off, Family Medical Leave Act (FMLA), Worker’s Compensation, Disability, etc. would not be considered hours worked.

Authority

The CCR, Government Codes, Department of Human Resources (CalHR) and State Personnel Board (SPB) provide laws, rules, regulations and policy that governs, authorizes, and defines probation. CCR, Title 2, Section 321 governs probation extensions.

Policy

It is the policy of the Department of General Services (DGS) that an employee’s probationary period will be extended if they have not met the required number of actual hours worked in the prescribed length of the probationary period. Regardless of whether the employee is out on any type of leave (i.e., Worker’s Compensation, FMLA, Military Leave, etc.), the probationary period must be extended when an employee has not completed the required probationary hours, according to CCR, Title 2, Section 321.

A probation extension request must be submitted to the assigned Office of Human Resources (OHR) Classification and Pay (C&P) Analyst for processing a minimum of 26 calendar days prior to the expiration date of the probationary period. According to CCR, Section 321, the written notification of the extension of the probationary period shall be served on the probationer at least ten (10) calendar days prior to the expiration of the probationary period, and an additional five (5) days should be added to account for service by mail, according to California Code of Civil Procedure Section 1013.

It is the policy of DGS that an employee’s probationary period cannot be extended for reasons related to progressive discipline. When there is a pending adverse action, the probationary period may be extended for a maximum of five (5) working days in order to comply with notice requirements outlined in Government Code Section 19585. Program shall consult with the OHR Constructive Intervention Unit for matters related to progressive discipline. (Refer to the Personnel Operations Manual section Probationary Period.)

Notification of Department of Human Resources

Notifying CalHR is not required when the department initiates an automatic extension request under CCR, Title 2, Section 321, subdivision (a). Automatic extension requests only require that the probationer be notified in writing of their extension.

Notifying CalHR is required when the department requests an extension under CCR Title 2, Section 321, subdivision (d) where a probationer is continuously absent from work for a period of time that is one-third or more of the length of the probationary period.

Notifying SPB is not required under any provision.

Procedure

The following chart outlines the procedure to request a probation extension:

Step  Action
1

Program

  • Submits the DGS OHR Form 321 to their assigned C&P Analyst a minimum 26 calendar days prior to the expiration of the probationary period.
2

C&P Analyst

  • Prepares Probation Extension package.
  • Submits to C&P Manager for review and approval within 5 calendar days.
3

C&P Manager

  • Reviews and approves the Probation Extension package.
  • Provides package to Personnel Officer for review and approval within 3 calendar days.
4

C&P Staff Services Manager II

  • Reviews, approves, and signs the Probation Extension package.
  • Returns the Probation Extension package to the C&P Manager, who returns it to the C&P Analyst within 2 calendar days.
5

C&P Analyst

  • Within 1 calendar day after the extension is approved, informs the program of the number of deficit of hours and that the OHR-approved Probation Extension memorandum will be sent to the employee.
  • Sends the OHR-approved Probation Extension memorandum via certified mailto the employee and emails a copy of the memorandum to all below listed individuals within 1 calendar day of extension approval:
    • Employee’s supervisor(s)
    • Employee Resource Liaison
    • C&P management
    • Personnel Transactions Unit (PTU) management
    • PTU Staff Services Analyst
    • Personnel Officer
    • CalHR, Personnel Management Division, if required

Note: The written notification of the extension of the probationary period shall be served on the probationer at least fifteen (15) calendar days prior to the expiration of the probationary period to account for the five (5) calendar days for service by mail.
6 

PTU Staff Services Analyst

  • Keys the probation extension in the State Controller’s Office database.

Resources

Government Code

California Code of Regulations

California Code of Civil Procedure

Other Resource Materials

Responsible Control Agencies

  • Department of Human Resources