W. Va. Code R. § 217-1-9 - Probationary Period

9.1. Nature, Purpose, and Duration.

9.1.1. The probationary period is a trial work period designed to allow the agency an opportunity to evaluate the ability of the employee to effectively perform the work of his or her position and to adjust himself or herself to the organization and program of the agency. It is an integral part of the examination process, and the agency is to use the probationary period for the most effective adjustment of a new employee and the elimination of those employees who do not meet the required standards of work.

9.1.2. Agencies will make all original appointments to permanent positions from officially promulgated registers for a probationary period of not more than one year. The Division shall fix the length of the probationary period for each class of position. The agency shall notify the Division when a probationary period has been completed and permanent status has been granted.

9.1.3. Time spent by probationary employees on unpaid leave of absence, disciplinary suspension, or non-disciplinary suspension resulting in separation from employment through resignation, transfer or dismissal extends the probationary period correspondingly.

9.1.4. The probationary period for part-time employees shall be for an equivalent amount of work hours as that for a full-time employee in the same classification i.e., a six-month probationary period for a full-time employee would typically equate to 1,040 hours.

9.2. Conditions Preliminary to Permanent Appointment.

9.2.1. Four weeks prior to the end of the probationary period, the agency must obtain from the probationary employee's supervisor a statement in writing recommending that the employee be continued or not be continued in service. This statement must include an appraisal of the employee's services and should include a service rating in conformity with the system of performance evaluation prescribed by the Division. If the agency determines that the services of the employee will be retained, the agency will notify the employee and the Division of the action no later than the last day of the probationary period.

9.2.2. In the event the agency does not act on the status of a probationary employee before the expiration of the probationary period, either to retain or dismiss, the employee will attain permanent status. Permanent status begins the first day following the expiration of the probationary period.

9.3. Transfers during Probation. -- An agency shall not transfer an employee during his or her probationary period.

9.4. Dismissal during Probation.

9.4.1. If at any time during the probationary period, the agency determines that the services of the employee are unsatisfactory, the agency may dismiss the employee in accordance with section 11 of this rule. If the agency gives the 15 days' notice on or before the last day of the probationary period, the probationary period will be extended 15 days from the date of the notice. The employee does not attain permanent status.

9.4.2. The Division may restore the name of a probationary appointee who has been dismissed to the register from which he or she was certified, in accordance with the procedure described in section 6.4 of this rule, but the Division shall not in the future certify the name of that person to the same agency from the same register.

Notes

W. Va. Code R. § 217-1-9