Kansas Department of Administration

Bulletin 02-03 - Layoffs and Probationary Periods

1.0 - SUBJECT: Layoffs and Probationary Periods

2.0 - EFFECTIVE DATE: December 6, 2002

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: December 6, 2002

5.0 - PURPOSE: To clarify that K.A.R. 1-14-8(e) takes precedence over K.A.R. 1-7-4 in regards to an employee’s original probationary period being extended due to a proposed layoff.

6.0 - BACKGROUND:

The Division has received several inquires regarding the possibility of an employee’s original probationary period being extended beyond the twelve month maximum found in K.A.R. 1-7-4 when an appointing authority submits a layoff notice under K.A.R 1-14-7. Since K.A.R. 1-14-8(e) prohibits original probationary employees from becoming permanent after the date the appointing authority has notified the director of a proposed layoff, it is possible in certain instances that an employee could remain on probation beyond the twelve-month maximum. This would seem to contradict the language found in K.A.R 1-7-4 that allows for a maximum of a twelve-month probationary period.

7.0 - PROCEDURES:

The provisions of K.A.R. 1-14-8(e) shall take precedence over K.A.R. 1-7-4 when an appointing authority has submitted a layoff notice under K.A.R. 1-14-7.

K.A.R. 1-14-8(e) states that:

"New hires and rehires on probation shall not be granted permanent status on or after the date the appointing authority has notified the director of a proposed layoff. However, any new hire or rehire on probation in a position for which no employee subject to layoff meets the required selection criteria may be given permanent status. New hires and rehires on probation shall have their probationary period extended until it is certain that no permanent employee whose position is to be vacated by layoff or who otherwise would be laid off through the exercise of bumping rights is claiming the probationary position."

Original probationary employees affected by K.A.R. 1-14-8(e) will have their length of service continue between the time the director receives a layoff notice and the effective date of the layoff, however no probationary employee will receive permanent status during this time period. Any original probationary employee affected by K.A.R 1-14-8(e) who has served a probationary period in excess of twelve months shall immediately attain permanent status upon the effective date of the layoff.

8.0 - REFERENCES: K.A.R. 1-7-4, 1-14-7 and 1-14-8(e)

9.0 - CONTACT PERSON: Lois Ryan at lois.ryan@ks.gov or (785) 296-4274.

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