Section 97.31. Duration and extension of probationary periods

(a) The length of the probationary period in appointments and promotions for full-time positions, except for trainee classes, shall be 6 months (defined as 180 calendar days—6 months at 30 days per month). See § 97.37 (relating to trainee classes). Probationary periods for part-time positions shall be prorated according to the number of hours in the work week.

(b) The probationary period, except for trainee classes, may be extended to a maximum of 18 months (defined as 545 calendar days—365 calendar days plus 6 months at 30 days per month), at the discretion of the appointing authority. If the appointing authority decides to extend an employee’s probationary period, it shall notify the employee in writing at least 1 work day prior to the effective date of the extension. A copy of the notice shall be submitted, upon request, to the Director.

(c) An employee who exceeds the maximum 18-month probationary period, shall have regular status on the day after the probationary period ends.

(d) An employee who exceeds the maximum 24-month probationary period in a trainee class, shall have regular status in the approved end of training class, the day after the probationary period ends.

The provisions of this § 97.31 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended May 5, 1972, effective May 6, 1972, 2 Pa.B. 813; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334; amended September 2, 1994, effective September 3, 1994, 24 Pa.B. 4460; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442. Immediately preceding text appears at serial pages (204950) and (227453).

Notation

Notes of Decisions

Construction with Other Statutes

The Civil Service Act (71 P. S. § § 741.1—741.1005), requires an affirmative act by the appointing authority, evaluation of the employee’s performance and notification to the employee that such performance was satisfactory, before the probationary employee attains regular status. Because this regulation provided that if an evaluation was not undertaken the employee was elevated to regular status by default, the regulation is in conflict with the Civil Service Act. If the regulation conflicts with the statute it is purporting to implement, the regulation must give way. Wernersville State Hospital v. Peters, 659 A.2d 67 (Pa. Cmwlth. 1995).

Probation Extension Appropriate

While the Civil Service Act (71 P. S. § § 741.1—741.1005), did not specifically address what happens when an employee’s probationary period was not formally extended, subsection (a) of Section 603, 71 Pa.C.S. § 741.603, provides for a probationary period from a minimum of 6 months to a maximum of 18 months and did not require notification to the employee for extension of the probationary period. Because a civil service probationary employee statutorily cannot attain regular status absent a satisfactory evaluation by the appointing authority, when the employee did not receive a timely evaluation there was a de facto extension of the probationary period and the employer was acting within its authority when it discharged the employe after the 6 month probationary period had expired. Wernersville State Hosp. v. Peters, 659 A.2d 67 (Pa. Cmwlth. 1995).

General Comments

Extension of an employee’s probationary period is at the discretion of the employer. Golaschevsky v. Department of Environmental Resources, 683 A.2d 1299 (Pa. Cmwlth. 1996).