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22. Provisional Period

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   The original provisional period is part of the selection process. It is a time for the employee and the employer to determine suitability for the job. The following shall apply to the use of the original provisional employment status:

   1. All new employees, including employees who have left employment with the Supreme Court System and have been rehired, shall serve an original provisional period of 6 months from the date of hire, and shall be so notified. Employees who transfer from other state agencies are also required to serve an original provisional period.

   2. An employee will be removed from original provisional status on the day following the end of the original provisional period, unless notified of an extension or separation by the supervisor.  Notification of an extension must be in writing and prior to the end of the 6‑month period.

   3. In some instances, for reasons concerning performance, the original provisional period may be extended to a maximum of 12 months from the date of hire. The employee shall be notified in writing of any extension. This notification shall include the specific period of extension and specific performance improvement requirements. Notification of extension must be accomplished before the expiration of the original provisional period and shall not be backdated once the original provisional period has ended.

   4. It is the supervisor’s responsibility to closely review the job performance of the employee.

   5. If during the original provisional period it is determined that the performance of the employee is not acceptable and, in the opinion of the supervisor, is not likely to become acceptable, the employee shall be separated. Employees may be separated at any time during an original provisional period. Two weeks notice of separation does not have to be given to provisional employees; however, the supervisor shall notify the employee in writing of the date the separation is effective. The reason for separation shall be documented in the employee's personnel file and the employee shall be informed regarding the reasons for separation. Employees who are separated during an original provisional period do not have Nebraska Court System grievance rights. Internal promotions, lateral moves, or moves to a lower position may also be accompanied by an additional provisional period. (Note‑‑This is not another original provisional period.) 

   This provisional period in no way affects the grievance rights of an employee. The length of the provisional period is at the supervisor's discretion, but shall not exceed 6 months, beginning on the date of the transfer.

   In the case of an internal promotion, lateral move, or move to a lower position, if an employee cannot or does not perform satisfactorily in the position to which he/she was transferred, the supervisor may transfer the employee to another position of either the same salary grade or a lower salary grade. If no other position is available for transfer, the supervisor may reassign the duties of the employee, reclassify the employee to a classification of a lower salary grade, or separate the employee.

Amended 7-16-03

This page was last modified on Tuesday, November 13, 2012