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Probation 6-4-14 CITY OF SCHERTZ EMPLOYEE HANDBOOK Probation PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: 6/3/2014 EFFECTIVE DATE: 6/4/2014 REPLACES VERSION: 3.3 Purpose The purpose of the Probation Policy is to outline the City’s probationary period for (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues. All employees must be assessed during this probationary period and given feedback on progress or lack thereof. Any problems with employee performance or conduct should be recorded and communicated to the employee on a regular basis. Applicability All regular full-time and regular part-time employees Definitions Promotion – Advancement in pay and position with increased responsibility Demotion – To reduce an employee’s position, responsibilities, or wages Voluntary Demotion – A reduction in position, responsibilities, or wages that an employee willingly and voluntarily accepts Transfer – To move to an equivalent position with comparable responsibility and pay Policy The objective of the Probation Policy is to communicate how (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues can demonstrate the requisite level of ability, conduct, interest, and skill to fulfill position requirements on a regular basis. At-Will Employment The State of Texas is an “at-will” employment state. At-will means that an employer can terminate an employee at any time, for any reason, with or without notice or cause as long as the reason is not illegal. Therefore, this policy does not provide or guarantee an employee any rights that would affect his/her “at-will” employment status. CITY OF SCHERTZ EMPLOYEE HANDBOOK Types of Probationary Evaluations: Probationary Evaluations for New Hires Supervisors shall meet with their new employees and develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of initial employment. All newly hired or re-hired City employees shall be subject to a six (6) - month probationary period. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. New employees are required to serve their probationary period before being designated as regular employees. While a new employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee’s work and will train and mentor the new employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee’s six (6) - month probationary period. If a new employee successfully completes his/her probationary period, he/she shall be classified as a regular employee. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee’s probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by City Council. The City may terminate an employee during the probationary period as described in the Section entitled “Termination During the Probationary Period” in this Probation Policy. Probationary Evaluations for Promotions Supervisors shall meet with employees who have been promoted to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective promotion. CITY OF SCHERTZ EMPLOYEE HANDBOOK Employees who are promoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Promoted employees are required to serve their probationary period before the promotion is permanent. While a promoted employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee’s work and will train and mentor the promoted employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee’s six (6) - month probationary period. If a promoted employee successfully completes his/her probationary period, he/she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee’s probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled “Termination During the Probationary Period” in this Probation Policy. Additional Considerations for Promoted Employees No employee shall be promoted to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and/or another department if the employee is not satisfied in any way with his/her new position or cannot meet the demands of his/her new position. The employee may request in writing a voluntary demotion or transfer to his/her former position or another position for which he/she may be qualified before the probationary period concludes, provided the employee’s former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected CITY OF SCHERTZ EMPLOYEE HANDBOOK Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part-time employees who work on average twenty (20) hours per week and are promoted to an equivalent full-time position will not be required to serve an additional probationary period. If the employee has not completed his/her probationa ry period when moved to the equivalent full-time position, the employee will complete the remainder of his/her probationary period in his/her new full-time position. Probationary Evaluation for Transfers Supervisors shall meet with employees who have been transferred to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective transfer. Employees who are transferred to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Transferred employees are required to serve their probationary period before the transfer is permanent. While a transferred employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee’s work and will train and mentor the transferred employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee’s six (6) - month probationary period. If a transferred employee successfully completes his/her probationary period, he/she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). Inter-departmental transfers to an equivalent position/rank shall not be subject to a probationary period. At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee’s probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual CITY OF SCHERTZ EMPLOYEE HANDBOOK performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled “Termination During the Probationary Period” in this Probation Policy. Additional Considerations for Transferred Employees Employees who are required to transfer to similar positions with an equal pay grade at no fault of their own will not be required to serve probation in their new positions. Employees who voluntarily transfer to another position, regardless of position type or pay, shall be required to serve a six (6) month probationary period. No employee shall be transferred to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and/or another department if the employee is not satisfied in any way with his/her new position or cannot meet the demands of his/her new position. The employee may request in writing a voluntary demotion or transfer to his/her former position or another position for which he/she may be qualified before the probationary period concludes, provided the employee’s former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part-time employees who work on average twenty (20) hours per week and are transferred to an equivalent full-time position will not be required to serve an additional probationary period. If the employee has not completed his/her probationary period when moved to the equivalent full-time position, the employee will complete the remainder of his/her probationary period in his/her new full-time position. Probationary Evaluations for Demotions Supervisors shall meet with employees who have been demoted or who have voluntarily demoted to another position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective demotion. Employees who are demoted or who have voluntarily demoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) CITY OF SCHERTZ EMPLOYEE HANDBOOK months at the discretion of the City Manager upon consultation with the Human Resources Director. Demoted employees and employees who voluntarily demote are required to serve their probationary period before such position is permanent. While a demoted employee or a voluntarily demoted employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee’s work and will train and mentor the demoted employee or voluntarily demoted employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee’s six (6) - month probationary period. If a demoted employee or a voluntarily demoted employee successfully completes his/her probationary period, he/she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee’s probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled “Termination During the Probationary Period” in this Probation Policy. Probationary Evaluations for Performance Reasons Chronic performance or behavioral issues may result in an employee being placed on probation. Employees who are placed on probation for performance of behavioral issues shall be evaluated in accordance with the City’s Progressive Discipline and Disciplinary Appeals Policy. Termination During the Probationary Period Subject to the “at-will” employment laws of the State of Texas, an employee in a probationary status may be dismissed at the discretion of the Department Head or designee, who has the authority to terminate an individual, if it is determi ned that the employee is not suited for the job and provided there is prior review by the Human Resources Director or designee, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). It is the responsibility of supervisors to document failure of an employee to successfully complete his/her probation. When there is no serious CITY OF SCHERTZ EMPLOYEE HANDBOOK misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Subject to the “at-will” employment laws of the State of Texas, an employee in a probationary status who reports directly to the City Manager may be dismissed at the discretion of the City Manager, if it is determined that the employee is not suited for the job and provided there is prior review by the Human Resources Director, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). In cases in which an employee reports directly to the City Manager, it is the City Manager’s responsibility to document failure of an employee to successfully complete his/her probation. When there is no serious misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Leave for Probationary Employees Employees serving their initial probationary period accrue vacation leave and sick leave on the first day of employment, the same as non-probationary regular employees. Vacation leave during probation will not be authorized except at the discretion of the Department Head for significant personal events in the employee’s life or as pre- approved by the Department Head at the time of hiring. Vacation time is allowed after probation has been successfully completed. During the initial probationary period, a new employee is eligible to use accrued sick leave for qualifying absences. Complaint Procedures During the Initial Probationary Period Throughout the probationary period of initial employment, probationary employees may not utilize or access the City’s complaint procedure and are subject to discharge without recourse except on grounds of illegal discrimination and/or illegal activity (refer to special provisions under Disciplinary and Disciplinary Appeals Policy). Related Policies Progressive Discipline and Disciplinary Appeals Vacation Leave Sick Leave Performance Management Transfers Promotions