November 21, 2011

Adding days to probationary period lawful


Adding days to probationary period lawful
Hongisto v. Fisher, 76 AD2d 97

The state employee was to serve a 52-week probationary period. He was absent 24 days due to an injury while on the job. He was then advised that his probationary period was extended “24 days”. Later he was dismissed for failure to satisfactorily complete the probationary period.

The Court rejected the argument that the employee became permanent at the end of 52 weeks, holding that the Rules for the Classified Service for state employees provided that the “Maximum period of probationary term of any employee shall be extended by the number of work days of his absence which ... are not counted as time served in the probationary term.*

“The rationale of the regulation is to add to the expiration date of the probationary period the same period of time that the (employee) had missed during his probationary period, so that his performance of duty could be fully observed and evaluated for an entire 52 week period.

* The absence involved appears to be 16 workdays, not 24 days.

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