NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM
PROBATIONARY PERIODS
NRS 284.290 Probationary period: Length; dismissal or demotion; notification by appointing authority regarding permanent status.
NAC 284.442 Length of probationary period. (NRS 284.065, 284.155, 284.290)
All classes at grade 20 or higher must be assigned a 1-year (full-time equivalent) probationary period. All classes lower than grade 20 will be assigned a 6-month (full-time equivalent) probationary period.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, 10-26-84; R146-01, 1-18-2002)
NAC 284.444 Application of probationary period. (NRS 284.065, 284.155, 284.290)
1. A probationary employee who transfers:
(a) Within the same class must serve the remaining portion of the probationary period.
(b) From one class to another class must serve a new probationary period.
2. An employee who transfers from the unclassified or nonclassified service to the classified service must serve a new probationary period. Except for those unclassified employees who transfer pursuant to subsection 2 of NAC 284.398, the status of a permanent employee may not be attained until the satisfactory completion of the probationary period.
3. An employee who is reinstated must serve a new probationary period unless it is waived in writing by the appointing authority. If an appointing authority waives the probationary period, the status of the appointment of the employee is permanent.
4. A probationary employee who is reappointed must serve a new probationary period.
5. A permanent employee who is reappointed to a class:
(a) At a higher grade level must serve a trial period unless it is waived by the appointing authority.
(b) At the same grade level or a lower grade level is not required to serve a probationary period.
6. An employee who is laid off, but who is reemployed within 1 year, must serve a new probationary period if reemployed in a different class or in a different department than that from which he or she was laid off, and the employee is subject to the provisions of subsection 8 of NAC 284.630.
7. A person with a permanent disability arising from a work-related injury or occupational disease who is reemployed in a different class or option than his or her regular position must serve a new probationary period as required by NAC 284.6018.
8. A person who is on a military leave of absence pursuant to NRS 284.359 is entitled to return to the status of appointment held at the time he or she commenced the military leave of absence. If the employee did not complete the probationary period, he or she will only be required to complete the remaining portion thereof. Upon successful completion of the probationary period, permanent status must be granted to the employee as of the date on which permanent status would have been granted if the employee had not taken a military leave of absence.
9. Promotion to a vacant position requires a new probationary period. Promotions which result from reclassification are governed by NAC 284.134 and 284.138.
10. Except as otherwise provided in subsection 11:
(a) No probationary period will be required if a permanent employee is demoted.
(b) A new probationary period will be required if a probationary employee is demoted.
11. An employee who is restored to his or her former position
or class
pursuant to NAC 284.462 following a promotional appointment must serve the portion of the
trial
period which was remaining at the time of the promotion.
No probationary period is required if, pursuant to subparagraph (1) of paragraph (c) of subsection 2 of NAC 284.462, an employee is placed in a position in a class equal to or lower than the class held by the employee immediately before the promotion.
(Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-21-89; 8-1-91; 12-26-91; 3-1-96; A by Personnel Comm'n by R142-05 & R143-05, 12-29-2005; R141-07, 1-30-2008; R102-15, 1-1-2016)
NAC 284.446 Time counted toward completion of probationary period. (NRS 284.065, 284.155, 284.290)
1. Except as otherwise provided in subsection 4 and in NAC 284.4375, a probationary employee must perform his or her duties continuously in the classified service for either 6 months or 1 year (full-time equivalent) as required for the class in which he or she is employed to attain permanent status.
2. Service in provisional, emergency, or special disabled status must be credited towards a probationary period if it is immediately followed by probationary or permanent status in the same class.
3. Service in a seasonal position must be credited towards the probationary period for the class.
4. If an employee of a governmental agency transfers to the classified service pursuant to NRS 284.022 and subsection 2 of NAC 284.398, the time which he or she spent in the comparable class in the governmental agency counts toward the probationary period which is required for the state class. If the employee has satisfactorily completed the equivalent of the State's probationary period for the new class, the employee is entitled to transfer with permanent status. All continuous service which is equivalent to full-time employment in the governmental agency before the transfer counts towards permanent employee status.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73; A 7-3-76]-(NAC A by Dep't of Personnel, 10-26-84; 1-22-90; 8-1-91; 7-6-92; 3-1-96)
NAC 284.448 Time not counted toward completion of probationary period. (NRS 284.065, 284.155, 284.290)
The following types of leave or temporary status do not count toward the completion of any probationary period:
1.
Authorized military leave for active service, as set forth in subsection 8 of NAC 284.444.
2.
Authorized military leave for training beyond the 15 paid working days
authorized by NRS 281.145, as amended by section 1 of Assembly Bill No. 388, chapter 340, Statutes of Nevada 2015, at page 1914, during a 12-month period, as prescribed in NAC 284.5875.
3. Except as otherwise provided in NAC 284.580, any leave without pay and catastrophic leave, combined, in excess of 240 hours or, in the case of an exempt classified employee, 30 working days, in a year if the regular work schedule of the employee is 80 hours or less biweekly. If the regular work schedule of an employee is more than 80 hours biweekly, the employee must be allotted additional leave without pay and catastrophic leave in proportion to the number of hours his or her regular work schedule exceeds 80 hours biweekly. As used in this subsection, "year" means a period equal to 12 months of full-time equivalent service measured backward from the employee's pay progression date.
4. Time which is served in a temporary position pursuant to NAC 284.414.
5. Any hours worked which exceed 40 in a week.
(Added to NAC by Dep't of Personnel, eff. 10-26-84; A 5-27-86; 3-27-92; 9-16-92; 11-16-95; 3-1-96; R147-01, 1-22-2002; A by Personnel Comm'n by R182-03, 1-27-2004; R141-07, 1-30-2008; R039-15, 10-27-15)
NAC 284.450 Adjustment of probationary period. (NRS 284.065, 284.155, 284.290)
1. Except as otherwise provided in NAC 284.448, if a probationary employee has not, during his or her prescribed probationary period, worked the required number of months (full-time equivalent) which are established for the probationary period for the class, his or her probationary period must be extended until he or she has worked the required number of months.
2. An employee who changes from working full-time to part-time or the reverse will have his or her probationary period adjusted to equal the required number of months of service which are applicable to the probationary period of the class.
[Personnel Div., Rule VIII § A part subsec. 1, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 3-1-96)
NRS 284.290 Probationary period: Length; dismissal or demotion; notification by appointing authority regarding permanent status.
NAC 284.458 Rejection of probationary employees. (NRS 284.065, 284.155, 284.290)
1. During a probationary period, an employee may be rejected for any lawful reason, as determined by his or her appointing authority. An employee rejected pursuant to this subsection has no appeal rights.
2. An employee who is serving a trial period may not use the grievance procedure set forth in NAC 284.658 to 284.6957, inclusive, to appeal the decision by the appointing authority to reject the employee during his or her probationary period.
3. A probationary period does not create a contractual relationship between the employee and employer.
4. If a report of separation is not received by the employee or the Division of Human Resource Management by the close of business on the last day of the probationary period, the employee is considered to have satisfactorily completed the probationary period and acquired permanent status.
[Personnel Div., Rule VIII § C subsecs. 1-3, eff. 8-11-73]-(NAC A by Dep't of Personnel, 10-26-84; 10-18-89; 11-12-93; 11-16-95)
NRS 284.300 Restoration of promotional appointee who fails to attain permanent status.
NAC 284.462 Restoration of promoted employee to former position. (NRS 284.065, 284.155, 284.290)
1. For the purposes of this section only, "promotion" means any movement into a vacant position which has a higher grade than the position previously occupied by a classified employee who has
completed an initial probationary period.
2. An employee
who is promoted
and fails to attain permanent status in the position to which he or she was promoted or who is dismissed for a cause other than misconduct or delinquency on his or her part from the position to which he or she was promoted, either during the probationary period
for that position or at its conclusion, must, in the following order, be:
(a) Restored
to the position from which
the employee was promoted, unless that position is held by an employee with greater seniority;
(b) If the position from which the employee was promoted is held by an employee with greater seniority, appointed to another position in the agency from which the employee was promoted:
(1) For which a vacancy exists; and
(2) Which is in the same class as the position held by the employee immediately before the promotion; or
(c) If the position from which the employee was promoted is held by an employee with greater seniority and a position described in paragraph (b) does not exist:
(1) Appointed to a position in the agency from which the employee was promoted:
(I) For which a vacancy exists;
(II) Within a class equal to or lower than the class of the position held by the employee immediately before the promotion; and
(III) For which the employee meets the minimum qualifications; or
(2) Placed on the reemployment list for other classes for which the employee meets the minimum qualifications.
3. If an employee fails to attain permanent status and is restored to his or her former position
or otherwise placed pursuant to subsection 2, the appointing authority which
takes such action must give written notice to the agency from which the employee was promoted at least 30 calendar days before the effective date
of the action. The agency which is taking
the
action is liable for the payment of the employee during this 30-day period unless the agency
receiving
the employee agrees to accept the employee before the expiration of that period. An employee does not gain permanent status if
notice of the action
has been provided to the employee and filed with the Division of Human Resource Management on or before the last day of his or her
trial
period, even though the
action
takes place after the last day of the
trial
period.
4.
If an employee is restored to the position from which he or she was promoted and displaces an employee with less seniority pursuant to paragraph (a) of subsection 2, the displaced employee must be placed, in the following order, unless the displaced employee waives his or her rights to be placed pursuant to this subsection:
(a)
In a vacant position in the agency with which the displaced employee is employed in the same class;
(b)
In a vacant position in the agency with which the displaced employee is employed in a comparable class for which the employee meets the minimum qualifications;
(c)
In a vacant position in the agency with which the displaced employee is employed in a class with a lower grade that is closest to the grade most recently held by the employee for which the employee meets the minimum qualifications; or
(d)
If a vacant position is not available for the employee pursuant to paragraph (a), (b) or (c) and the employee has attained permanent status with the State, the employee must be placed on the reemployment list for other classes for which the employee meets the minimum qualifications.
5. A demotion from probationary status in a higher class to the former lower level class may not be appealed.
6. For the purposes of calculating an employee's seniority for paragraph (a) of subsection 2:
(a)
Except as otherwise provided in this section, the total number of years of continuous full-time equivalent service up to the effective date of the rejection from probationary status must be included.
(b)
Except as otherwise provided in subsection 7, the sum of the calculation made pursuant to paragraph (a) or, if applicable, subsection 10 must be reduced by the following periods if those periods occurred during the 36 months immediately preceding the date of the notification of rejection from probationary status:
(1)
For a nonexempt employee, any combination of leave without pay and catastrophic leave in excess of 240 hours in the period preceding the date of the notification of rejection from probationary status equal to 12 months of full-time equivalent service;
(2)
For an exempt classified employee, any combination of leave without pay and catastrophic leave in excess of 30 working days in the period preceding the date of the notification of rejection from probationary status equal to 12 months of full-time equivalent service; and
(3)
Any time covered by a report on performance which rated the employee below standard, excluding evaluations received within 75 calendar days before the notification of rejection from probationary status.
7.
For the purposes of the reduction in the calculation of seniority required by paragraph (b) of subsection 6:
(a)
The reduction may not include:
(1)
A leave of absence without pay during a fiscal emergency of the State or an agency pursuant to NAC 284.580;
(2)
A leave of absence without pay for a work-related injury or illness pursuant to NRS 281.390; or
(3)
A military leave of absence pursuant to NRS 284.359.
(b)
As set forth in subparagraphs (1) and (2) of paragraph (b) of subsection 6, an employee whose base hours are more than 80 hours biweekly must be allotted additional leave without pay and catastrophic leave in proportion to the base hours for his or her pay class designation.
8.
For the purposes of calculating an employee's seniority for paragraph (a) of subsection 2, if seniority is otherwise equal, seniority must be determined in the following order:
(a)
Total time within the occupational group;
(b)
Total time within the department; and
(c)
By lot.
9.
For the purposes of calculating seniority for reemployment, if seniority is otherwise equal, seniority must be determined by lot.
10.
A department may request from the Commission approval to calculate the number of years of continuous full-time equivalent service of an employee of the department by doubling the time spent by the employee in his or her present occupational group as categorized by NRS 284.171 and adding that amount to the time spent by the employee in all former occupational groups up to the date of rejection from probationary status. If the Commission approves the request of the department to calculate the number of years of service pursuant to this section, the department shall use this method to calculate the number of years of service:
(a)
Only to determine whether an employee will be restored to the position from which the employee was promoted and not for the placement of an employee on a reemployment list; and
(b)
Until the department seeks from and is granted approval by the Commission to revert to the method of calculating the number of years of service set forth in paragraph (a) of subsection 6.
[Personnel Div., Rule VIII § C subsec. 4, eff. 8-11-73; A 4-14-76]-(NAC A by Dep't of Personnel, 10-26-84; 7-21-89; A by Personnel Comm'n by R102-15, 1-1-16)