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2.21.3807    PERMANENT STATUS

(1) A permanent or seasonal employee attains permanent status after satisfactorily completing an appropriate probationary period.   Laid-off employees retain permanent status when reinstated or reemployed, pursuant to the State Employee Protection Act, 2-18-1201, et seq., MCA.

(2) A temporary employee or a short-term worker is not eligible to attain permanent status.

(3) An employee who has attained permanent status in an agency and who transfers to another agency retains permanent status.   The employee has no rights to the position held in the former agency.

(4) Where a position or work unit is transferred between agencies as a result of reorganization, an employee retains permanent status in the agency to which the position or work unit transfers.   The employee shall have no rights to a position in the agency from which the position or work unit is transferred, unless otherwise provided by law.

(5) Provisions of the discipline handling policy, ARM 2.21.6505, et seq., the grievance policy, ARM 2.21.8001 et seq. and the reduction in work force policy, ARM 2.21.5005 et seq., apply to an employee who has attained permanent status as provided in this rule. (These policies are also found at 3-0130, the discipline handling policy; 3-0125, the grievance policy; and 3-0155, the reduction in work force policy in the Montana operations manual, volume III.)

(6) Pay for an employee who transfers shall be administered in compliance with the pay plan rules, policy 3-0505, Montana operations manual, volume III. (Copies available at the state personnel division, department of administration.)

History: Sec. 2-18-102, MCA; IMP, 2-18-101 and 2-18-102, MCA; NEW, 1985 MAR p. 1978, Eff. 12/27/85; AMD, 1991 MAR p. 433, Eff. 4/12/91; AMD, 1997 MAR p. 1446, Eff. 8/19/97.

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