SB444 By Senators Melson and Orr RFD Governmental Affairs Rd 1 05-MAY-15

SYNOPSIS: This bill would extend the working test period required for State Merit System employees for initial appointment in the classified service.

A BILL TO BE ENTITLED AN ACT

To amend Section 36-26-21, Code of Alabama 1975, relating to working test periods within state government; to extend the working test period required for State Merit System employees for initial appointment in the classified service.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 36-26-21, Code of Alabama 1975, is amended to read as follows:

§36-26-21.

"(a) Every person appointed to a position in the classified service after certification of his or her name from a promotion list or an employment list shall be tested by a working test while occupying such the position. The period of such the working test for an initial appointment in the classified service shall commence immediately upon appointment and shall continue for such time, not less than six months three years, as shall be established by the director. The period of the working test for a promotional appointment or transfer to another agency shall commence immediately upon appointment or transfer and shall continue for such time, not less than six months, as shall be established by the director. At such times during the working test period and in such manner as the director may require, the appointing authority shall report to the director his or her observation of the employee's work and his or her judgment of the employee's willingness and ability to perform his or her duties satisfactorily and as to his or her habits and dependability.

"(b) At any time during his or her working test period, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his or her duties satisfactorily or that his or her habits and dependability do not merit his or her continuance in the service. Upon such removal, the appointing authority shall forthwith report to the director and to the employee removed his or her action and the reason thereof. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The director may remove an employee during his or her working test period if he or she finds, after giving him or her notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

"(c) Ten days prior to the expiration of an employee's working test period, the appointing authority shall notify the director in writing whether the services of the employee have been satisfactory and whether he or she will continue the employee in his or her position. A copy of such the notice shall be given to the employee. No employee shall be paid for work performed after the expiration of his or her working test period unless, prior to the performance of such the work, the appointing authority has notified the director that the employee will be continued in his or her position.

"(d) If any employee is removed from his or her position during or at the end of his or her working test period and the director determines that he or she is suitable for appointment to another position, his or her name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to his or her appointment, his or her name shall be placed on the reemployment list for the class of the position in which he or she was a regular employee.

"(e) Nothing in the amendments made to this section by this 2015 act is intended to adjust the regular salary progression for employees in the classified service, as set forth in State Personnel Board rules and procedures."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Merit System

State Employees

Code Amended