Code of Alabama
Article 1 - General Provisions.
Section 36-26-21 - Working Test Period for Employees; Removal During Test Period; Notification as to Continuation of Employee in Position Prior to Expiration of Test Period; Restoration to Eligibility, etc., List of Employees Removed During or at Exp...

(a) Every person appointed to a position in the classified service after certification of his name from a promotion list or an employment list shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be established by the director. At such times during the working test period and in such manner as the director may require, the appointing authority shall report to the director his observation of the employee's work and his judgment of the employee's willingness and ability to perform his duties satisfactorily and as to his habits and dependability.
(b) At any time during his working test period, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his duties satisfactorily or that his habits and dependability do not merit his continuance in the service. Upon such removal, the appointing authority shall forthwith report to the director and to the employee removed his action and the reason thereof. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The director may remove an employee during his working test period if he finds, after giving him notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
(c) Ten days prior to the expiration of an employee's working test period, the appointing authority shall notify the director in writing whether the services of the employee have been satisfactory and whether he will continue the employee in his position. A copy of such notice shall be given to the employee. No employee shall be paid for work performed after the expiration of his working test period unless, prior to the performance of such work, the appointing authority has notified the director that the employee will be continued in his position.
(d) If any employee is removed from his position during or at the end of his working test period and the director determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to his appointment, his name shall be placed on the reemployment list for the class of the position in which he was a regular employee.

Structure Code of Alabama

Code of Alabama

Title 36 - Public Officers and Employees.

Chapter 26 - State Personnel Department and Merit System.

Article 1 - General Provisions.

Section 36-26-1 - Short Title.

Section 36-26-2 - Definitions.

Section 36-26-3 - Purposes of Article.

Section 36-26-4 - State Personnel Department Created; Composition; Executive Head; Offices.

Section 36-26-5 - State Personnel Board - Composition; Appointment, Qualifications, Terms of Office, Removal and Compensation of Members; Procedure for Electing Classified Employee Member.

Section 36-26-6 - State Personnel Board - Meetings; Powers and Duties Generally.

Section 36-26-7 - Director of Personnel - Appointment; Qualifications; Salary; Removal.

Section 36-26-8 - Director of Personnel - Executive Head of Department; Powers and Duties Generally; Agreements With Political Subdivisions of State; Cooperation With Other Governmental Agencies.

Section 36-26-9 - Promulgation, etc., of Rules for Implementation of Provisions of Article.

Section 36-26-10 - Exempt, Unclassified and Classified Service Defined; Extension of Provisions of Article to Additional Positions, etc.; Applicability of Rules and Regulations of Employment to Employees in Classified and Unclassified Service.

Section 36-26-11 - Classification of Positions, etc., in State Service.

Section 36-26-12 - Preparation, etc., of Pay Plan for Employees in State Service.

Section 36-26-13 - Certification of Payrolls, etc., for Payment of State Employees; Actions to Recover Moneys Improperly Paid, Restrain Improper Payments, Etc.

Section 36-26-14 - Deferred Compensation Plans for Certain Employees.

Section 36-26-15 - Tests for Establishment of Employment Registers for Positions in Classified Service; Preferences for Veterans, etc.; Cooperation of Board With Federal Government, etc., in Establishing and Administering Standards of Personnel Quali...

Section 36-26-15.1 - Proof of Registration Required for Employment or School Enrollment.

Section 36-26-16 - Certification for Employment of Handicapped Persons.

Section 36-26-17 - Manner of Filling of Vacancies in Classified Service Generally; Appointments in Classified Service Generally.

Section 36-26-18 - Extraordinary Appointments.

Section 36-26-19 - Adoption, etc., of Procedures for Filling of Unskilled, Semiskilled, Domestic, etc., Positions.

Section 36-26-20 - Employee Training Programs.

Section 36-26-21 - Working Test Period for Employees; Removal During Test Period; Notification as to Continuation of Employee in Position Prior to Expiration of Test Period; Restoration to Eligibility, etc., List of Employees Removed During or at Exp...

Section 36-26-22 - Establishment, etc., of Standards of Performance and Output and Service Ratings for Employees; Reporting and Inspection of Service Ratings of Employees.

Section 36-26-23 - Promotions.

Section 36-26-24 - Transfers.

Section 36-26-25 - Demotions.

Section 36-26-26 - Layoffs; Furloughs.

Section 36-26-27 - Dismissals and Disciplining of Employees Generally.

Section 36-26-27.1 - Placement of Disciplinary Documents in the Personnel File of a State Employee.

Section 36-26-28 - Suspensions.

Section 36-26-29 - Limitation Period for Charges for Dismissal or Disciplinary Action.

Section 36-26-30 - Effect of Entry, etc., Into Active Service of United States Armed Forces Upon Status of Classified Employees.

Section 36-26-31 - Granting of Leave of Absence for Service in Armed Forces of United States.

Section 36-26-32 - Restoration of Employee to Former Position After Service in Armed Forces.

Section 36-26-32.1 - Restoration to Merit or Civil Service Classification After Acceptance of Nonmerit Appointment; Conditions; Effect on Other Employees.

Section 36-26-33 - Rights and Privileges Upon Entry, etc., Into Military Service of Employees Not in Classified Service.

Section 36-26-34 - Granting, etc., of Time Off to Comply With Religious Obligations.

Section 36-26-35 - Annual Leave.

Section 36-26-35.1 - Annual Leave Carry Over Limit Increased for Certain Personnel.

Section 36-26-35.2 - Annual Leave.

Section 36-26-36 - Partial Payment of Accrued Sick Leave at Time of Retirement or Death; Calculation, Accumulation, and Use of Sick Leave.

Section 36-26-36.1 - Conversion of Unused Sick Leave Into Membership Service for Retirement Purposes.

Section 36-26-36.2 - Donation of Leave; Implementation.

Section 36-26-36.3 - Bereavement Leave.

Section 36-26-36.4 - Paid Leave for State Employees Subpoenaed, etc., to Attend Certain Criminal Homicide Trials.

Section 36-26-37 - Design, Purchase and Awarding of Longevity Service Recognition Pins, etc., for State Departments and Agencies.

Section 36-26-38 - Political Activities Prohibited.

Section 36-26-39 - Offenses as to Testing, Certification, Appointment, etc., for Positions in Classified Service, Etc.

Section 36-26-40 - Studies and Reports by Director; Investigations and Hearings as to Compliance With Provisions of Article, etc., Generally.

Section 36-26-41 - Failure of Witnesses to Appear and Testify, etc., at Investigations or Hearings; Fees of Witnesses; Requirement of Appearance, etc., of Witnesses, etc., Before Board; Giving of False Testimony Under Oath.

Section 36-26-42 - Representation of Department in Judicial Proceedings.

Section 36-26-43 - Use of State, County, etc., Buildings for Examinations and Investigations, Etc.

Section 36-26-44 - Inspection of Records of Department.

Section 36-26-45 - Payment of Expenses of Department.

Section 36-26-46 - State Capitol Guides Classified as "Capitol hostesses."

Section 36-26-47 - Penalties for Violations of Provisions of Article.

Section 36-26-48 - Lump-Sum Merit Reward Payments for Certain Full-Time State Employees.