§76-27 Probationary service and other requirements for membership.
[Section effective until June 30, 2002. For section effective July 1, 2002, see below.] All employees shall successfully serve an initial probation period before becoming members of the civil service. In addition, membership in the civil service shall require that the employee shall have been appointed in accordance with law and shall have satisfied all the requirements for employment prescribed by this chapter or by the rules adopted thereunder, including those qualifications prescribed by section 78-1. A member who is promoted or transferred to another position in the civil service may be required to serve a new probation period in the new position but shall be entitled to all the rights and privileges of a member of the civil service, except the right to appeal a dismissal from the new position (as distinguished from dismissal from the service) for inefficiency during the probationary period, in which case the member shall be returned to the former position.An employee who is serving a temporary appointment may subsequently be given a probationary appointment in the same position or a related position in the same class within the department whenever a permanent position is established or is vacated; provided that the employee has been hired initially from the appropriate eligible list and the temporary period of service has immediately preceded the change to probationary status. Upon certification by the appointing authority that the employee has been performing satisfactorily and that the duties the employee has been performing are essentially similar to those required of the probationary appointment, the period of service performed as a temporary appointee shall be subtracted from the probationary period required by this section, and the employee shall serve only the remaining period, if any, as a probationary employee. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L 1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27; gen ch 1985; am L 1992, c 71, §1]
§76-27 Probationary service and other requirements for membership in the civil service. [Section effective July 1, 2002. For section effective until June 30, 2002, see above.] (a) All employees appointed to civil service positions shall constitute the membership of the civil service, but no employee shall be entitled to membership in civil service until the employee has:
(1) Successfully completed the initial probation period required as part of the examination process to determine the employee's fitness and ability for the position; and
(2) Satisfied all requirements for employment prescribed by this chapter and the qualifications prescribed by section 78-1.
(b) Upon becoming a member in the civil service, the employee shall be entitled to hold the member's position for the duration of the member's appointment, subject to section 76-46. In addition, civil service employees with permanent appointments, including an employee who has return rights to a position in which the employee has a permanent appointment, shall have layoff rights under section 76-43. All other civil service employees whose appointments have a limitation date shall not have layoff rights and shall be released at the end of their appointments or earlier if there is lack of work, lack of funds, or other legitimate reasons.
(c) To retain membership in the civil service, all employees must continue to demonstrate their fitness and ability for their current positions by meeting all performance requirements of their positions. If an employee fails to meet performance requirements, section 76-41 shall apply.
(d) A member who is promoted or transferred to another position in the civil service may be required to successfully serve a new probation period as part of the examination process to determine the employee's fitness and ability for the new position but shall be entitled to all the rights and privileges of a member of the civil service, except the right to appeal a discharge from the new position (as distinguished from discharge from the service) for inefficiency during the probationary period, in which case the member shall be returned to the former position or a comparable position.
(e) An employee serving an appointment with a limitation date may subsequently be appointed to the same position or a related position in the same class within the department when a permanent position is established or is vacated; provided that the employee was hired initially through civil service recruitment procedures and the period of service as a temporary appointee immediately preceded the appointment to the permanent position. The period of service performed as a temporary appointee may be credited toward the probation period if the appointing authority certifies that the employee has been performing satisfactorily and that the duties the employee has been performing are essentially similar to those required of the probationary appointment. Upon such certification, the period of service performed as a temporary appointee shall be credited toward fulfilling the required probation period and the employee shall serve only the remainder of the probation period, if any. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L 1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27; gen ch 1985; am L 1992, c 71, §1; am L 2000, c 253, §19]