Section 322 - Probationary Period RequirementsProbationary period requirements for permanent appointments from an employment list; or by reinstatement, or by transfer, or by demotion are:
(a) A new probationary period shall be required when an employee enters or is promoted in the state civil service by permanent appointment from an employment list; upon reinstatement after a break in continuity of service resulting from a permanent separation; or by reinstatement or appointment from a reemployment list, pursuant to Section 548.152 or 548.153, to a classification with a promotional relationship to the classification of the employee's former position.(b) An employee who has not attained permanent status when accepting another appointment shall serve the remainder of that probationary period unless required to serve a new probationary period.(c) A new probationary period shall be required unless waived by the appointing power when an employee is being appointed:(1) Without a break in service in the same class in which the employee has completed the probationary period but under a different appointing power.(2) Without a break in service to a class with substantially the same or lower level of duties and responsibilities and salary range as a class in which the employee has completed the probationary period.(3) From a general reemployment list to the same class in which the employee has completed the probationary period but under a different appointing power.(4) By reinstatement or appointment from a reemployment list, pursuant to Section 548.152 or 548.153, to a classification to which the employee could have transferred from his or her former position.(d) A new probationary period shall not be required when an employee is being appointed: (1) From any reemployment list under the same appointing power, except as otherwise provided in this section;(2) By reinstatement with a right of return, except as otherwise provided in this section;(3) Without a break in service under the same appointing power and to the same class in which the employee had completed the probationary period; or(4) By demotion under Government Code Section 19997.8. "Without a break in service" as used in this section is continuous service as defined in Section 6.4.
Cal. Code Regs. Tit. 2, § 322
1. Amendment filed 1-8-70 as an emergency; effective upon filing. Certificate of Compliance included (Register 70, No. 2). For prior history, see Register 61, No. 5.
2. Amendment of section and NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed 5-29-84; effective thirtieth day thereafter (Register 84, No. 22).
4. Change without regulatory effect of subsection (d)(4) (Register 87, No. 14).
5. Change without regulatory effect amending subsections (a)(4), (c)(4) and (d)(4) filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39). Note: Authority cited: Section 19170, Government Code. Reference: Sections 18527 and 19171, Government Code.
1. Amendment filed 1-8-70 as an emergency; effective upon filing. Certificate of Compliance included (Register 70, No. 2). For prior history, see Register 61, No. 5.
2. Amendment of section and NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed 5-29-84; effective thirtieth day thereafter (Register 84, No. 22).
4. Change without regulatory effect of subsection (d)(4) (Register 87, No. 14).
5. Change without regulatory effect amending subsections (a)(4), (c)(4) and (d)(4) filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).