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RULE 09: PROBATION

Section 1. Probationary Period: All classified appointments, including provisional appointments, shall be for a probationary period, fixed by the Commission in accordance with Chapter 124 of the Ohio Revised Code. Length of probationary periods for City of Cincinnati classifications is contained in the official classification and salary schedule entitled "Salary Schedule (year), Department of Personnel", which is hereby made part of these rules. No final appointment or promotion shall be deemed made until the appointee has satisfactorily served his probationary period. In determining the probationary period of a Board of Education seasonal or school year employee, only periods when such employee is on work status shall be counted.

If a probationary employee is absent because of illness for a substantial portion of his probationary period, the Commission may extend his probationary period by the number of working days not exceeding the length of time he was absent.

Section 2. Probationary Period for Provisionals: Service performed as a provisional shall be included in the probationary period.

Section 3. Removal of Employee: (Except Fire Fighter - see Ohio Revised Code Section 124.49) A probationary employee may be removed for cause prior to the time the employee has worked sixty days or one-half of his probationary period, whichever is greater, but in such cases shall be given a formal notice of dismissal or demotion and shall have the right to appeal to the Commission in accordance with Rule 17.

A probationary employee may be removed, without right of appeal to the Commission, after the employee has worked sixty days or one-half of his probationary period, whichever is greater, but in such cases shall be given a formal notice of dismissal.

Section 4. Probationary Report: A performance report must be submitted by the appointing authority to the Commission not later than ten days prior to the end of the probationary period. The report shall indicate whether the performance of the employee is satisfactory. If a probationary employee is to be separated from employment prior to completion of his probationary period a performance report must be made and included in the separation papers. The performance report shall state the reason for such separation.

Section 5. Ineligibility Due to Probationary Failure: An employee failing to qualify in his probationary period shall be ineligible for any civil service examination or for certification from any civil service eligible list for a period of one year, unless, in the judgement of the Commission, the cause of his removal will not affect his usefulness in some other type of employment.

Section 6. Demotion to a Former Classification Resulting from Failure of Probation:

A. An employee promoted from the same employing unit who fails to qualify on his probationary period shall be reinstated to the same or similar classification from which he was promoted.

B. An employee promoted to a position in a different employing unit who fails to qualify on his probationary period may, with the consent of the Commission and the department head of the previous employing unit, be reinstated to the same or similar classification from which he was promoted. An employee not so reinstated may be placed on a city- wide preferential eligible list for the same or similar classification from which he was promoted, with the consent of the Commission, for a period of one year. An employee on such a list shall have preferential reemployment status in the classification from which the employee was originally promoted or in any lesser-paying classification deemed appropriate by the Commission. Reemployment in a lesser classification shall not be cause to remove the employee from the preferential list for the classification from which the employee was originally promoted.

C. An employee who fails probation while serving in a promotional position as a provisional appointee shall be restored to a position in the classification from which he was promoted within the agency to which he was promoted, or to a substantially similar position, or if there is no substantially similar position the employee shall be treated as if the position in his former classification had been abolished and the employee laid off.

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