An unclassified State title change is defined as the assignment of a position in one unclassified State title to another unclassified State title which is the result of a natural or an organizational change in duties or responsibilities of the position. An unclassified State title change can occur:

1. A. Upward - The position moves from one unclassified State title to another unclassified State title having a higher State salary range or for a position without a State salary range, the position moves from one unclassified State title to another unclassified State title with higher level job duties or responsibilities as defined by the agency.

   1. 1. Probationary or Trial Status

      Upon upward unclassified State title change, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the upward move shall be with permanent status in the unclassified State title and the employee is not in trial status. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

   2. 2. Probationary Period

      1. a. An employee in probationary status whose position is moved upward must complete a probationary period of:

         1. (1) Twelve months’ duration for noninstructional personnel;
         2. (2) The academic year duration for instructional personnel (teachers); or
         3. (3) Not more than two full academic years’ duration for faculty at State technical colleges.
      2. b. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
      3. c. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee.

   3. 3. Trial Period

      A covered employee whose position is moved upward to an unclassified State title in which he has not held permanent status must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

2. B. Downward - The position moves from one unclassified State title to another unclassified State title having a lower State salary range or for a position without a State salary range, the position moves from one unclassified State title to another unclassified State title with lower level job duties or responsibilities as defined by the agency.

   1. 1. Probationary or Trial Status

      Upon downward unclassified State title change, an employee will be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the downward move shall be with permanent status in the unclassified State title and the employee is not in trial status. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

   2. 2. Probationary Period

      1. a. An employee in probationary status whose position is moved downward must complete a probationary period of:

         1. (1) Twelve months’ duration for noninstructional personnel;
         2. (2) The academic year duration for instructional personnel (teachers); or
         3. (3) Not more than two full academic years’ duration for faculty at State technical colleges.
      2. b. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
      3. c. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee.

   3. 3. Trial Period

      A covered employee whose position is moved downward to an unclassified State title in which he has not held permanent status must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

3. C. Lateral - The position moves from one unclassified State title to another unclassified State title having the same State salary range or an equivalent level of job duties or responsibilities as defined by the agency.

   1. 1. Probationary or Trial Status

      Upon lateral unclassified State title change, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the lateral move shall be with permanent status in the unclassified State title and the employee is not in trial status. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

   2. 2. Probationary Period

      1. a. An employee in probationary status whose position is moved laterally must complete a probationary period of:

         1. (1) Twelve months’ duration for noninstructional personnel;
         2. (2) The academic year duration for instructional personnel (teachers); or
         3. (3) Not more than two full academic years’ duration for faculty at State technical colleges.
      2. b. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
      3. c. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee.

   3. 3. Trial Period

      A covered employee whose position is moved laterally to an unclassified State title in which he has not held permanent status must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period.

HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 40, Issue No. 10, eff October 28, 2016; SCSR 48-9, eff September 27, 2024.