Policy 1322
Probationary Period for Classified Employees

Date of Current Revision: March, 2009
Responsible Officer: Director, Human Resources

1. PURPOSE

This establish the university's policy for the mandated probationary period for all classified employees.

2. AUTHORITY

This policy is written in keeping with Virginia Department of Human Resources Policy 1.45 - Probationary Period for Classified Employees.

3. DEFINITIONS 

Probationary Period:
Normally twelve months, a time when classified employees learn job responsibilities and demonstrate strong capability for job performance.

4. APPLICABILITY

This policy applies to all classified employees.

5. POLICY

It is the university's policy to require satisfactory completion of a twelve-month probationary period as a prerequisite to continued employment with the university for all classified employees.

6. PROCEDURES

6.1 Who must serve a probationary period.

New employment/Re-employment
All persons beginning employment or re-employment in positions covered by the Virginia Personnel Act shall work for a probationary period of twelve months from the effective date of employment.

Non-covered to covered
Employees who transfer from positions that are not covered under the Virginia Personnel Act (excepted positions) to positions that are subject to the Act shall be required to serve a probationary period. (By way of example, a wage employee who moves from his or her wage position to a full-time classified position must serve a probationary period.)

6.2 Positions that require a new and/or extended probationary period.

New probationary period
Persons who are selected for certain positions that require certification following completion of a training course may be required to complete a new probationary period.

  • Positions having such requirements are identified in the university's Salary Administration Plan.
  • Announcements of, and offer letters for employment in, positions that require new and/or extended probationary periods must carry notification of this status.

Extended probationary period

Probationary periods may be extended for up to six additional months for performance reasons. Reasons for the extension must be documented on the Probationary Progress Review form and approved by the reviewer.

6.3 Extending the probationary period due to employee absence:

Reasons for extension
Probationary periods must be extended when probationary employees are on any leave with or without pay for more than 14 consecutive calendar days. Leaves requiring extension of the probationary period include:

  • Military leave with or without pay
  • Leave without pay-layoff
  • VSDP (Virginia Sickness and Disability Program)
  • Worker's Compensation
  • Family Medical Leave

Length of extension
Extensions shall include the first 14 days of absence, as well as those days in excess of 14, up to the date an employee returns to work.

Limit on extension
The total probationary period may not exceed 18 months, excluding periods of leave with or without pay.

Notice of Extension
Employees must be notified in writing if their probationary periods will be extended for performance reasons or due to leave.

6.4 Change in position during the probationary period

First 6 months
When a probationary employee is placed in a different covered position before completion of the probationary period, the remainder of the twelve months requirement must be completed.

Second 6 months
If an employee moves to a new position during the last 6 months of the probationary period, the employee's probationary period may remain as the original 12 months or may be extended so that the new supervisor has the benefit of the full 12-month probationary period. However, the total time served in probationary status may not exceed 18 months (excluding any periods of leave that exceed 14 consecutive calendar days as described above.)

Employees must be informed in writing if the period will be extended.

6.5 Probationary Progress Reviews

Meeting with supervisor

  • The supervisor must meet with the probationary employee at the end of three, six, and nine months of work in the probationary period.
  • The supervisor will also meet with the probationary employee 3 weeks prior to completion of the probationary period.
  • The supervisor should review with the employee the performance plan that was discussed at the beginning of employment.
  • The supervisor should advise the employee of the employee's progress toward meeting established core responsibilities, special assignments and departmental values.
  • The supervisor, reviewer, and employee should review any revisions to the Position Description.

Probationary Progress Review form
The supervisor should make comments and recommendations for work performance improvement by completing the "Probationary Progress Review" form. The completed "Probationary Progress Review" form is an official form that is kept in the employee's personnel file in Human Resources.

Effect of employee's performance
A rating of Contributor indicates satisfactory performance. Decline in performance following a satisfactory interim performance review, but before completion of the probationary period, may be the basis for termination.

6.6 Additional Documentation of Work Performance

Additional documentation
Documentation other than the "Probationary Progress Review" form, such as any memoranda or interim evaluations, is not official documentation of performance and, therefore, should be kept in a confidential file separate from the employee's personnel file.

Employee access
Employees should have access to any additional documentation of their work performance.

6.7 Termination or Disciplinary Action

1. University Action
If the university determines at any time during the probationary period that an employee is not suited for the job and unable to improve satisfactorily, the employee shall be terminated or allowed to resign. Notification of termination should be issued by memorandum, and not on the "Written Notice" form used in the Standards of Conduct policy. If notification must be made by mail, it is recommended that it be sent by certified or registered mail. Records related to termination shall reflect "Unsatisfactory performance during the probationary period" or "Resignation".

2. Employee Action
Probationary employees are not eligible to use the Grievance Procedure for State Employees to grieve a termination or disciplinary action. Any employee, including a probationary employee, who claims that termination or other disciplinary action was based on race, color, religion, creed, veteran status, sexual orientation, national origin, political affiliation, sex, age, or disability may file a discrimination complaint with the Office of Equal Employment Services of the Department of Human Resource Management or other agencies as appropriate.

6.8 Satisfactory Completion of Probationary Periods

Notification of completion of probationary period
The supervisor will meet with the probationary employee 3 weeks prior to completion of the twelve-month probationary period and provide the employee with a completed Probationary Progress Review form. If a probationary employee works beyond the twelve-month period without being notified of satisfactory completion, the probationary requirement will have been satisfied.

Effect of completing the probationary period on continued employment
Satisfactory completion of the probationary period does not result in the employee's receiving a guarantee of permanent employment, but entitles the employee to certain rights as set forth in university policy.

There are no automatic pay increases as a result of completion of the probationary period.

6.9 Performance Increases During the Probationary Period
Any pay increases for probationary employees must be based on their most recent Probationary Progress Review ratings. Ratings must be at or above the Contributor level to be eligible for a performance increase, as outlined below. Increases become effective on November 25th. The Virginia Department of Human Resource management and JMU may alter the following pro-rated schedule due to budgetary actions/requests from the General Assembly or Governor.

HIRE DATE

PI EFFECTIVE DATE

PERCENT INCREASE

10/25 through 1/24

11/25

100% of established rate for "Contributor" or "Extraordinary Contributor"

1/25 through 4/24

11/25

0 or 75% of established rate for "Contributor"

4/25 through 7/24

11/25

0 or 50% of established rate for "Contributor"

7/25 through 10/24

11/25

0 or 25% of established rate for "Contributor"

7. RESPONSIBILITY 

The Director of Human Resources is responsible for the consistent application of this policy. The Director of Human Resources, as well as vice presidents, deans, directors, and department heads, are to ensure that probationary employees are informed of this policy. Questions related to the application of this policy should be directed to staff members of Human Resources.

In addition, directors are responsible for their department's prompt, effective adherence to this policy.

Supervisors are responsible for conducting effective interim performance evaluation meetings at three, six, nine months, as well as three weeks prior to the end of the probationary period.

The Human Resources Office is responsible for reminding supervisors of reviews that are due, as well as maintaining probationary progress review forms.

8. SANCTIONS

Sanctions will be commensurate with the severity and frequency of the offense and may include termination.

9. EXCLUSIONS

This policy does not apply to wage employees, instructional and/or administrative & professional faculty.

Employees who have completed a probationary period during their current employment, and who begin a new covered position with no break in service, are not required to serve a new probationary period unless they fall within the guidelines of 6.2 above (Positions that require a new and/or extended probationary period).

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous Version: January, 2008
Approved by the President: September, 2002

Index of Terms
Probationary Period
Probationary Progress Review
Interim Evaluation