§45-35A-51.17. Working test period.

(a) Every person appointed to a position in the classified service, after certification of his or her name from a promotion list or an employment register, shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be determined by the director. The appointing authority shall observe the employee’s attitude toward his or her work, his or her capacity to perform the duties required of him or her, any habits which may affect in any manner the character of service performed by him or her, and his or her general dependability, during such working test period, and report to the director, periodically as required, in writing, the results of such observation. The appointing authority may remove an employee, after a reasonable test period, if in his or her opinion the employee is unable or unwilling to perform the prescribed duties satisfactorily, or if his or her habits or dependability do not merit continuance in the service, subject to the approval of the director. Notice of such removal, with the reasons assigned therefor, shall be given to the employee and the director, at the time of the discharge. No more than two employees shall be removed successively from the same position by the same appointing authority, during their working test period, without the approval of the director. The director may remove an employee during his or her working test period if he or she finds, after notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

(b) Ten days prior to the expiration of an employee’s working test period, unless the employee has been previously removed, the appointing authority shall notify the director in writing whether the service of the employee has been satisfactory and whether he or she desires to continue the employee in his or her position, and a copy of such notice shall be given to the employee. If he or she is not to be continued in the position, after such notice the employee shall not be paid for work performed after the expiration of his or her working test period.

(c) If any employee is removed from his or her position during his or her working test period and the director determines that he or she is suitable for appointment to another position, his or her name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to appointment and such position has not been filled, he or she shall be reinstated and if such position has been filled, his or her name shall be placed on the reemployment list.

(Acts 1947, No 273, p. 196, §18; Acts 1949, No. 330, p. 489, §2.)