Section 1120-02-.10 - PROBATIONARY PERIOD(1) Purpose of the Probationary Period. The probationary period is an essential part of the employment process used for the adjustment of an employee to a new position and to provide an employee with the opportunity to demonstrate to the Appointing Authority the employee's ability to perform the defined work outcomes and behavior expectations.(2) Probationary Period for the Preferred Service. (a) For preferred service positions, a probationary period of at least one (1) year is required for all employees who receive regular appointments from a referred pool of candidates.(b) The probationary period for a regular appointment may be reduced by the amount of time served in an emergency or interim appointment provided the appointment is for the same Appointing Authority in the same classification of positions and there is no break in service.(c) Non-Preferred Service Employees do not serve a probationary period.(d) Successful completion of a probationary period in a trainee or intermediate level classification satisfies the probationary period requirement necessary for a Preferred Service Employee when the position is deemed to be the working level classification.(3) Duration of the Probationary Period. A period of probation is completed at the close of business or shift on the day the employee completes the number of months of probation required.(4) Initial Probationary Period. (a) Every person appointed to a position in the preferred service shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than one (1) year, as shall be established by the Commissioner. At any time during the employee's probationary period the Appointing Authority may remove the employee if, in the opinion of the Appointing Authority, the employee's performance or conduct during the probationary period indicates that such employee is unable or unwilling to satisfactorily perform or is not satisfactorily performing the defined work outcomes and behavior expectations, or that the employee's habits, dependability, or conduct do not merit continuance in the service.(b) Consistent with Rule 1120-11, during the initial probationary period, employees do not have the right to appeal disciplinary actions.(c) During the last month of an employee's probationary period, the Appointing Authority shall notify the Commissioner in writing whether the performance and conduct of the employee have been satisfactory and whether continued employment is recommended.(d) After successful completion of a probationary period, an employee becomes a Preferred Service Employee.(5) Promotion During Probation. An employee promoted during the employee's initial probation will begin a new probationary period with no appeal rights for not less than one (1) year.(6) Subsequent Probationary Period.(a) A Preferred Service Employee who accepts another preferred service position within the same agency shall serve a subsequent probation for a time period of not less than one (1) year.(b) Preferred Service Employees serving a subsequent probation retain their ability to appeal an involuntary demotion, suspension, or termination from service; however, the employee may not appeal an involuntary demotion returning the employee to the immediately preceding former position.(7) Working Test Period. The probationary period for an employee with a disability who is granted a substitution of the written and/or performance assessment shall run concurrently with the working test period as defined in Rule 1120-02-.05.Tenn. Comp. R. & Regs. 1120-02-.10
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Rule was previously numbered 1120-02-.12 but was renumbered 1120-02-.10 with the deletion of original rules 1120-02-.04 and 1120-02-.09 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-201, 8-30-303, 8-30-308, and 8-30-312.