1 CSR 20-3.040
Probationary Period
PURPOSE: This rule establishes the conditions and procedures
which govern the probationary period of employment required for
individuals appointed or promoted to positions described under
section 36.030.1(2), RSMo.
(1) Objective and Scope. The probationary or working test period
shall be utilized for closely observing the employee’s work, for
securing the most effective adjustment of a new employee
to his/her position and for rejecting any employee whose
performance does not meet the required work standards.
This rule applies only to positions described under section
36.030.1(2), RSMo.
(2) Duration. The probationary period shall begin upon the
appointment or promotion of the employee. Any interruption of
service during the probationary period shall not be counted as
a part of the total probationary service required. Probationary
service will be subject to the following provisions:
(A) The normal length of probation for employees in
all medical and dental classes of positions and in classes
identified by the director as having substantial supervisory
or administrative responsibilities shall be twelve (12) months.
The maximum length of probation shall be eighteen (18)
months and the minimum length of probation shall be six (6)
months for employees in those positions serving original or
promotional probationary periods;
(B) The normal and the minimum length of probation
for all other classes of positions shall be six (6) months for
employees in those positions serving an original or promotional
probationary period. The maximum length of probation for
those employees shall be twelve (12) months;
(C) If an appointing authority finds that it will require
more time than the normal probationary period to evaluate
an employee’s ability to successfully perform the various
duties of a position, the appointing authority may extend
the probationary period not to exceed the maximum period
allowed under these rules. Prior to the expiration of a normal
probationary period, the appointing authority shall notify the
employee in writing of the reasons for, and duration of, the
extension. A copy of the notice shall be filed with the director;
(D) If an appointing authority finds that a probationary
employee is performing the duties of a position in an effective
and fully satisfactory manner, the appointing authority may
reduce the length of probation to no less than the minimum
probationary period prescribed under these rules for the class
and type of appointment involved. The appointing authority
shall notify the employee and the director in writing of the
reduction and the reasons; and
(E) The normal probationary period for the class involved
shall be served by all employees unless the appointing authority
takes specific action under these rules to extend or reduce the
length of probation for a specific probationary employee or for
employees in a particular job class.
AUTHORITY: section 36.070, RSMo Supp. 2018.* Original rule filed
July 9, 1947, effective July 19, 1947. Amended: Filed March 25,
1948, effective April 4, 1948. Amended: Filed June 1, 1954, effective
June 11, 1954. Amended: Filed Dec. 22, 1960, effective Jan. 1, 1961.
Amended: Filed July 21, 1967, effective July 31, 1967. Amended:
Filed June 12, 1972, effective July 1, 1972. Amended: Filed April
23, 1974, effective May 2, 1974. Amended: Filed Feb. 28, 1975,
effective March 10, 1975. Amended: Filed Dec. 8, 1975, effective
Dec. 19, 1975. Amended: Filed Dec. 13, 1978, effective April 12, 1979.
Emergency amendment filed Sept. 13, 1979, effective Sept. 28, 1979,
expired Jan. 25, 1980. Amended: Filed Oct. 12, 1979, effective Jan.
15, 1980. Amended: Filed March 11, 1999, effective Sept. 30, 1999.
Emergency amendment filed Aug. 17, 2018, effective Aug. 28, 2018,
expired Feb. 28, 2019. Amended: Filed Aug. 31, 2018, effective Feb.
28, 2019.
*Original authority: 36.070, RSMo 1945, amended 1979, 1995, 2018.
Hedges v. Department of Social Services, 585 SW2d 170 (Mo.
App. 1979). The personnel board’s failure to comply with its own
“directory” rule does not have the effect of changing the status of
an employee from probationary to permanent.