Alabama § 45-49-120.18 - Working Test Period.

§ 45-49-120.18. Working Test Period.

(a) Entry level or initial employment, or both.

(1) Every person appointed to an initial position with each jurisdiction for entry into the classified service is a probationary employee with that jurisdiction, and shall be tested by a working test while occupying the position. The period of the working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be established by the director. At times during the working test period, and in the manner as the director may require, the appointing authority shall report to the director his or her observation of the employee’s work, and his or her judgment as to the employee’s willingness and ability to perform his or her duties satisfactorily, and as to his or her habits and dependability. At any time during his or her working test period, after the first two months thereof, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that the employee is unable or unwilling to perform his or her duties satisfactorily or that his or her habits and dependability do not merit his or her continuance in the service. Upon removal, the appointing authority shall report to the director and to the employee removed, his or her action and the reason therefor. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The appointing authority may remove an employee within the first two months of his or her working test period only with the approval of the director. The director may remove an employee during his or her working test period if the director finds, after giving the employee notice and an opportunity to be heard, that the employee was appointed as a result of a fraud or error.

(2) 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 will continue the employee in his or her position. If the employee is not to be continued in his or her position, the employee shall be provided a copy of the notice and should not be paid for work performed after the expiration of his or her working test period.

(3) 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.

(b) Promotion level. Every person in the classified service is a probationary employee in each promoted position and shall be tested by a working test period while occupying the promoted position. All provisions of subdivisions and (2) of subsection (a) apply to the promoted employee. If an employee is removed from his or her promoted position during his or her working test period, the employee may be restored to the position from which the employee was promoted.