(a) A provider may hire a person for employment on a provisional basis, pending receipt of a criminal history check, provided that the following are met:
- (1) The provider is in the process of obtaining a criminal history check as required under § 52.19 (relating to criminal history checks).
- (2) A provider may not hire a person provisionally if the provider has knowledge that the person would be disqualified for employment under 18 Pa.C.S. § 4911 (relating to tampering with public records or information).
- (3) A provisionally-hired employee shall swear or affirm in writing that he is not disqualified from employment under this chapter.
- (4) A provider shall monitor the provisionally-hired person awaiting a criminal history check through random, direct observation and participant feedback. The results of monitoring must be documented in the person’s employment file.
- (5) The period of provisional hire may not exceed 30 days for a person who has been a resident of this Commonwealth for at least 2 years.
- (6) The period of provisional hire may not exceed 90 days for a person who has been a resident of this Commonwealth for less than 2 years.
- (b) If the information obtained from the criminal history check reveals that the person is disqualified from employment under § 52.19, the provider shall terminate the provisionally-hired person immediately.
- (c) When subsection (a) conflicts with Chapters 2380 and 2390 (relating to adult training facilities; and vocational facilities), 6 Pa. Code Chapter 11 (relating to older adult daily living centers) or 28 Pa. Code Chapters 601 and 611 (relating to home health care agencies; and home care agencies and home care registries), subsection (a) is not applicable.
Source
The provisions of this § 52.20 corrected February 8, 2013, effective May 19, 2012, 43 Pa.B. 833. Immediately preceding text appears at serial pages (361347) to (361348).