Nev. Admin. Code § 284.444

Current through November 8, 2024
Section 284.444 - Application of probationary period
1. A probationary employee who transfers:
(a) Within the same class must serve the remaining portion of the probationary period.
(b) From one class to another class must serve a new probationary period.
2. A permanent employee must serve a trial period if he or she voluntarily transfers:
(a) Within the same class; or
(b) From one class to another class and such classes are comparable classes, unless the trial period is waived in writing by the appointing authority. If the appointing authority waives the trial period, the employee is entitled to the status of appointment held at the time he or she transferred.
3. Promotion to a vacant position requires a new probationary period or trial period. A promotion that results from a reclassification is governed by NAC 284.134 and 284.138.
4. Except as otherwise provided in subsection 11:
(a) No probationary period will be required if a permanent employee is demoted.
(b) A new probationary period will be required if a probationary employee is demoted.
5. An employee who is reinstated must serve a new probationary period unless it is waived in writing by the appointing authority. If an appointing authority waives the probationary period, the status of the appointment of the employee is permanent.
6. A probationary employee who is reappointed must serve a new probationary period.
7. A permanent employee who is reappointed to a class:
(a) At a higher grade level must serve a trial period unless it is waived in writing by the appointing authority.
(b) At the same grade level or a lower grade level is not required to serve a trial period.
8. An employee who is laid off, but who is reemployed within 1 year, must serve a new probationary period if reemployed in a different class or in a different department than that from which he or she was laid off, and the employee is subject to the provisions of subsection 8 of NAC 284.630.
9. A person with a permanent disability arising from a work-related injury or occupational disease who is reemployed in a different class or option than his or her regular position must serve a new probationary period as required by NAC 284.6018.
10. A person who is on a military leave of absence pursuant to NRS 284.359 is entitled to return to the status of appointment held at the time he or she commenced the military leave of absence. If the employee did not complete the probationary period, he or she will only be required to complete the remaining portion thereof. Upon successful completion of the probationary period, permanent status must be granted to the employee as of the date on which permanent status would have been granted if the employee had not taken a military leave of absence.
11. An employee who is restored to his or her former position or class pursuant to NAC 284.462 following a promotional appointment must serve the portion of the trial period which was remaining at the time of the promotion. No probationary period is required if, pursuant to subparagraph (1) of paragraph (c) of subsection 2 of NAC 284.462, an employee is placed in a position in a class equal to or lower than the class held by the employee immediately before the promotion.
12. An employee who transfers from the unclassified or nonclassified service to the classified service must serve a new probationary period, unless the new probationary period is waived in writing by the appointing authority. Except for those unclassified employees who transfer pursuant to subsection 2 of NAC 284.398 or for those employees for whom the appointing authority has waived the new probationary period pursuant to this subsection, the status of a permanent employee may not be attained until the satisfactory completion of the probationary period.

Nev. Admin. Code § 284.444

Added to NAC by Dep't of Personnel, eff. 10-26-84; A 7-21-89; 8-1-91; 12-26-91; 3-1-96; A by Personnel Comm'n by R142-05 & R143-05, 12-29-2005; R141-07, 1-30-2008; R102-15, 12-21-2015, eff. 1-1-2016

; A by R163-18A, eff. 1/30/2019; A by R068-19A, eff. 5/21/2020; A by R168-24A, eff. 10/23/2024

NRS 284.065, 284.155, 284.290