4.15.1 Probationary Period for Classified Employees

A. Purpose

All newly appointed regular classified Employees are required to satisfy a probationary period of six (6) continuous months from the beginning date of employment. The purpose of this Policy is to provide a period of time during which an Employee’s performance and suitability for their position will be evaluated to assess continuation of their employment with the University, in compliance with  Regents’ Rule 30501: Employee Evaluations.

B. Persons Affected

This Policy applies to all newly employed regular classified Employees to new positions. This Policy does NOT apply to Faculty, Administrative and Professional (A&P) or positions that require

student status.

C. Definitions

  1. Classified Employee: Employees who are NOT appointed as faculty members or as administrative or professional Employees. 
  2. Continuous state service: An Employee meets the conditions for continuous state service if any of the following apply:
    1. Termination followed by immediate re-appointment without loss of payroll time.
    2. Termination to enter military services, followed by re-appointment within ninety (90) days after honorable discharge or release from the military.
    3. Transfer of an employee, without loss of payroll time, within the UT System, to or from another state-supported college or university, or to or from another state agency.
    4. Leave Without Pay (LWOP) or Leave of Absence (LOA).
  3. Faculty member: See HOP 1.1.0: Definitions of Terms
  4. Immediate supervisor: The first report level for an Employee.
  5. Probationary Employee: A newly appointed Employee who serves in the same position for six months as the probationary period.
  6. Regular Employee: An Employee appointed to work twenty (20) hours or more per week for a period of four and one-half (4½) consecutive months or longer.

D. Policy

D.1. Purpose of Probationary Periods

The probationary period is used for observation and evaluation of the newly appointed classified Employee’s work performance by the Employee’s immediate supervisor to ensure the probationary Employee’s performance, ability, willingness, and dependability merit continued employment at the University at the end of the probationary period, and to permit the probationary Employee to adjust to the job and working conditions.

 

D.2. Computation of Probationary Period

  1. Beginning and ending dates.
    1. Begins on first of month. The probationary period is six (6) months in length and is counted in whole calendar months if the probationary Employee begins an appointment on the first day of the month.
    2. Begins on other day. If the probationary Employee begins on any other day of the month, then six (6) months from that date is counted. For example, if a probationary Employee begins employment on September 15, the probationary period will end on March 15.
  2. Holidays. Any scheduled holidays that occur during the probationary period are considered as part of the probationary period.
  3. Leave without pay. If a probationary Employee is placed on LWOP during the probationary period, then the probationary period is extended by the same number of days that the Employee is on leave.

 

D.3. Eligibility

  1. New regular Employee. A newly appointed regular classified Employee will serve a probationary period if ANY of the following apply:
    1. No prior service. The Employee has no prior service at the University and whose current appointment is six (6) calendar months or greater.
    2. Break in service. The Employee returns to the University after a break in continuous state service of one or more workdays and whose appointment is six (6) calendar months or greater. Any of the following conditions will constitute a break in service:
      1. Termination followed by a loss of payroll time before re-appointment.
      2. Termination to enter military service and failure to be re-appointed within ninety (90) days of honorable discharge or release from the military service.
      3. Failure to be re-appointed in succeeding years to a position on the University payroll.
      4. Transfer of an Employee within the UT System to or from another state-supported college or university, or to or from another state agency with a loss of payroll time between resignation and re-appointment.
    3. Transfers. The Employee transfers from another state of Texas agency or public institution of higher education, regardless of having already satisfied a probationary period at that agency or institution, and whose current appointment is six (6) calendar months or greater.
  2. Temporary Employees. A temporary Employee who is hired into a regular classified position, with or without a break in service, and whose current appointment is six (6) calendar months or greater, will serve a probationary period. The probationary period will commence on the day they begin employment as a regular classified Employee and NOT a temporary Employee.

 

D.4. Exclusions

  1. Current Employees. A current regular classified Employee with six (6) continuous calendar months or more of service with the University will NOT serve a probationary period if they:
    1.  have completed their probationary period in the current position; and
    2.  have an appointment of six (6) continuous calendar months or greater.
    1. returning from military service; or
    2. reinstated as a result of a formal Grievance.
  2. Returning Employees. An Employee is NOT required to complete a new probationary period if they previously completed a successful probationary period and are:
    1. returning from military service; or
    2. reinstated as a result of a formal Grievance.

 

D.5. After Completion

Upon completion of the probationary period, a probationary Employee shall have all privileges of a regular classified Employee.

 

D.6. Elements of Probationary Period

  1. Orientation. The immediate supervisor or their designee(s) in the probationary Employee’s work group will conduct a departmental orientation for the new Employee. During the departmental orientation, the immediate supervisor will discuss the purpose of the probationary period and advise the probationary Employee of the length of the probationary period and the ending date.
  2. Expected performance standards. The immediate supervisor will provide the probationary Employee with a clear description of the job to be performed, develop standards for the job, observe work performance, and provide feedback to the probationary Employee.
  3. Performance appraisals.
    1. Time frame. The immediate supervisor should evaluate the work performance of the probationary Employee after ninety (90) days and again before the end of the six-month probationary period.
    2. Performance management tools. Supervisors will conduct the performance appraisal for probationary Employees utilizing the performance management tools available from OHR.
    3. Documentation. Information about the probationary Employee’s performance should be documented and submitted to OHR for inclusion in the Employee’s personnel file.
  4. Supervisory assistance. The immediate supervisor shall provide any assistance considered necessary to improve performance or facilitate adjustments for the probationary Employee.

 

D.7. Leave Time

  1. Accrual. A probationary Employee accrues vacation leave and sick leave from their date of employment.
  2. Vacation.
    1. Completion of probationary period. Vacation leave may NOT be used until completion of the probationary period.
    2. Exception. Vacation may be used as accrued if the probationary Employee has already met the statutory requirement of six (6) months continuous state service during a separate period of state service.
  3. Leave without pay. Any leave without pay, if approved, taken by a probationary Employee during the probationary period will extend the probationary period by an equal amount of time.

 

D.8. Termination 

  1. Without cause. The University may terminate the employment of any probationary Employee for any reason, with or without cause, that does not violate federal or Texas law. 
  2. Standards required. A probationary Employee may be terminated who fails to maintain satisfactory work performance standards or fails to maintain suitable and acceptable standards of conduct.
  3. Prior to termination. Before termination, the immediate supervisor must review the facts of the case with OHR, which will review the proposed action with the immediate supervisor and appropriate vice president or designee of the department.
  4. Employee recourse. A probationary Employee terminated during the probationary period does NOT have access to HOP 4.16.4: Discipline and Dismissal of Classified Employees. Should there be allegations that the termination was for unlawful discrimination, the probationary Employee may appeal the termination by submitting a Grievance.
  5. Deadline. If an immediate supervisor determines that a probationary Employee will not be retained beyond the probationary period, they must have termination action initiated and completed prior to the end of the probationary period.

E. Reference Sources and Authority

F. Review Responsibilities and Dates

The Division Head for this Policy is the Senior Vice President of Human Resources, and this Policy shall be reviewed every three (3) years or sooner, if necessary, by the Division Head or their designee.

AMENDED:  02/2019

AMENDED: 12/2021

AMENDED: 02/08/2024