Senate Bill No. 510 CHAPTER 74 An act to amend Section 19170 of the Government Code, relating to state government. [ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 510, Laird. State civil service: probationary periods.The California Constitution establishes the state civil service for state employees, with specified exceptions. Existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment.This bill would recast these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties. The bill would make other conforming and nonsubstantive changes to those provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19170 of the Government Code is amended to read:19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
Senate Bill No. 510 CHAPTER 74 An act to amend Section 19170 of the Government Code, relating to state government. [ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 510, Laird. State civil service: probationary periods.The California Constitution establishes the state civil service for state employees, with specified exceptions. Existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment.This bill would recast these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties. The bill would make other conforming and nonsubstantive changes to those provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Senate Bill No. 510 CHAPTER 74
Senate Bill No. 510
CHAPTER 74
An act to amend Section 19170 of the Government Code, relating to state government.
[ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 510, Laird. State civil service: probationary periods.
The California Constitution establishes the state civil service for state employees, with specified exceptions. Existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment.This bill would recast these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties. The bill would make other conforming and nonsubstantive changes to those provisions.
The California Constitution establishes the state civil service for state employees, with specified exceptions. Existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment.
This bill would recast these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties. The bill would make other conforming and nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 19170 of the Government Code is amended to read:19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 19170 of the Government Code is amended to read:19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
SECTION 1. Section 19170 of the Government Code is amended to read:
### SECTION 1.
19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.(b) By rule, the board may:(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.
19170. (a) The board shall establish the length of the probationary period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period commences on the first day the employee reports to work or begins performing the job duties.
(b) By rule, the board may:
(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from the employees position.
(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate the probationary employees current performance.
(c) Upon written agreement between an appointing power and an employee who alleges they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employees probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.