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Sponsor Statement for Sponsor Substitute HB 458 An Act relating to periods of probation for state employees; and providing for an effective date.
This bill will allow the flexibility to extend probationary periods as needed. The practice of extending employee probationary periods by agreement with employee unions is one of long standing, and has allowed all parties the flexibility to deal with employees on an individual basis. Most employees serve six or twelve month probationary periods. In instances where correctional officers or state trooper recruits are involved, the Alaska Police Standards Council allows up to 14 months probation. A recent trial court decision found that AS 39.25.150(7), the legal requirement for probationary periods, was inflexible in its definition and application. Further, the Court found that even collectively bargained extensions were invalid if such an extension made the probationary period longer than 12 months. This bill does not seek to change the requirement for, or the standard lengths of, probationary periods. The language change proposed by this bill provides for only the flexibility to extend a probationary period beyond 12 months in cases where such an extension is warranted and agreed upon by the parties involved. Sectional Analysis: Sec. 1. Allows an exception to AS 39.25.150(7), of the State Personnel Act, Personnel Rules. The change would allow an extended period of probation if set out in a collective bargaining agreement under AS 23.40; which defines labor organizations. Sec. 2. Makes the change effective immediately. # # # Attachments:
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