25 NCAC 01D .0201. INITIAL EMPLOYMENT

(a)  A new appointment is the initial employment of an individual to a position in State government.

(b)  An employee entering into state service in a permanent or time-limited permanent position shall be given a probationary or trainee appointment unless the employee is eligible for and the agency chooses to make reinstatement with a permanent appointment.  The probationary and trainee appointment periods are intended to serve as an extension of the selection process and are used to determine whether the person meets acceptable performance standards for the work for which employed.  The employee shall earn all the benefits of an employee with a permanent appointment during this time.

(c)  The duration of a probationary appointment shall be 24 months of either full-time or part-time employment. (This probationary period is not the same as the probationary period prescribed for criminal justice officers in 12 NCAC 05 .0401.) The duration of the trainee appointment is established for each regular classification to which a trainee appointment is made.

(d)  The conditions of the probationary and trainee appointments shall be conveyed to the applicant prior to appointment. During the probationary or trainee period, the supervisor shall work with the employee in counseling and assisting the employee to achieve a satisfactory performance level; progress of the employee shall be reviewed during discussions between the employee and the supervisor.  Following the probationary period when the supervisor in consultation with other appropriate administrators determines that the employee's performance indicated capability to become a satisfactory performer and merits retention in the position, the employee shall be given a permanent appointment to the class.  If the determination is that the employee's performance indicates that the employee is not suited for the position and does not meet acceptable performance standards, the employee shall be separated from that position. Employees may be separated during a probationary appointment for causes related to performance of duties or unacceptable personal conduct.  Employees in trainee appointments who are not career State employees may also be separated for causes related to performance of duties or unacceptable personal conduct.  Except in cases of alleged discrimination, harassment, or retaliation, a separation of an employee in a trainee appointment who is not a career State employee may not be appealed through the agency grievance procedure and then on to the Office of Administrative Hearings.

 

History Note:        Authority G.S. 126-1.1; 126-4; 126-34.01; 126-34.02;

Eff. February 1, 1976;

Amended Eff. August 1, 1995; December 1, 1988; January 1, 1979; December 1, 1978;

Temporary Amendment Eff. May 23, 2014.