§76-27  Probationary service and otherrequirements for membership in the civil service.  (a)  All employeesappointed to civil service positions shall constitute the membership of thecivil service, but no employee shall be entitled to membership in civil serviceuntil the employee has:

(1)  Successfully completed the initial probationperiod required as part of the examination process to determine the employee'sfitness and ability for the position; and

(2)  Satisfied all requirements for employment prescribedby this chapter and the qualifications prescribed by section 78-1.

(b)  Upon becoming a member in the civilservice, the employee shall be entitled to hold the member's position for theduration of the member's appointment, subject to section 76-46.  In addition,civil service employees with permanent appointments, including an employee whohas return rights to a position in which the employee has a permanentappointment, shall have layoff rights under section 76-43.  All other civilservice employees whose appointments have a limitation date shall not havelayoff rights and shall be released at the end of their appointments or earlierif there is lack of work, lack of funds, or other legitimate reasons.

(c)  To retain membership in the civil service,all employees must continue to demonstrate their fitness and ability for theircurrent positions by meeting all performance requirements of their positions. If an employee fails to meet performance requirements, section 76-41 shallapply.

(d)  A member who is promoted or transferred toanother position in the civil service may be required to successfully serve anew probation period as part of the examination process to determine theemployee's fitness and ability for the new position but shall be entitled toall the rights and privileges of a member of the civil service, except theright to appeal a release from the new position (as distinguished fromdischarge from the service) for inefficiency during the probationary period, inwhich case the member shall be returned to the former position or a comparableposition.

(e)  An employee serving an appointment with alimitation date may subsequently be appointed to the same position or a relatedposition in the same class within the department when a permanent position isestablished or is vacated; provided that the employee was hired initiallythrough civil service recruitment procedures and the period of service as atemporary appointee immediately preceded the appointment to the permanentposition.  The period of service performed as a temporary appointee may becredited toward the probation period if the appointing authority certifies thatthe employee has been performing satisfactorily and that the duties theemployee has been performing are essentially similar to those required of theprobationary appointment.  Upon such certification, the period of serviceperformed as a temporary appointee shall be credited toward fulfilling therequired probation period and the employee shall serve only the remainder ofthe probation period, if any. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27;gen ch 1985; am L 1992, c 71, §1; am L 2000, c 253, §19; am L 2001, c 123, §11]

 

Attorney General Opinions

 

  Period of service under contractual employment is credited toand subtracted from the period of probationary service.  Att. Gen. Op. 63-53.

  Section conflicts with 14-32-3, Hawaii Administrative Rules. Att. Gen. Op. 90-8.