1. (a)

   1. (1) This section applies to employees on probation following a promotion or reinstatement to a position in the skilled service or professional service.
   2. (2) This section does not apply to probationary employees in the management service.

2. (b) If, in the appointing authority's judgment, a probationary employee subject to this section is unable or unwilling to satisfactorily perform the duties or responsibilities of the position, the appointing authority shall:

   1. (1) return the employee to the employee's former position if it is vacant; or
   2. (2) demote the employee to a position comparable to the employee's position within the appointing authority's jurisdiction.
3. (c) A probationary employee may appeal a demotion under this section as a disciplinary action.

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996.