Massachusetts General Laws
Chapter 31 - Civil Service
Section 34 - Probationary Periods

Section 34. Following his original appointment to a civil service position as a permanent full-time employee, a person shall actually perform the duties of such position on a full-time basis for a probationary period of six months before he shall be considered a full-time tenured employee, except as otherwise provided by sections sixty-one and sixty-five, by other law, or by civil service rule.
During the probationary period, he may be subject to a performance evaluation during his first two months of service and a second evaluation may be conducted at least one month prior to his sixth month anniversary date of service. The appointing authority may extend the probationary period for a period of two months if the second evaluation of the probationary employee is unsatisfactory. Such evaluation may be utilized by the appointing authority, but in no instance shall the appointing authority be required to consider the results of such evaluation in a determination of granting such employee permanent or tenured status. Nothing contained herein shall require an appointing authority to evaluate a probationary employee and in no such instance shall such evaluation grant such probationary employee any greater rights than those contained in this section.
Following his original appointment as a permanent employee to a less than full-time civil service position, including a reserve, intermittent, call, recurrent, or part-time position, a person shall serve a probationary period of six months immediately following such appointment, which shall include the actual performance of the duties of such position for not less than thirty working days or the equivalent thereof during such period, before he shall be considered a less than full-time tenured employee, provided that if such person has not performed such duties for such thirty working days or the equivalent thereof, his probationary period shall be extended for an additional twelve months, at the end of which time such person, if his employment has not been terminated in accordance with the provisions of this section, shall be deemed to be a tenured employee.
Each appointing authority employing persons as permanent employees in less than full-time civil service positions shall, insofar as possible, provide such persons equal opportunity for work.
If the conduct or capacity of a person serving a probationary period or the character or quality of the work performed by him is not satisfactory to the appointing authority, he may, at any time after such person has served thirty days and prior to the end of such probationary period, give such person a written notice to that effect, stating in detail the particulars wherein his conduct or capacity or the character or quality of his work is not satisfactory, whereupon his service shall terminate. The appointing authority shall at the same time send a copy of such notice to the administrator. In default of such notice, such person shall be deemed to be a tenured employee upon the termination of such period.
If a full-time civil service employee is unable to work because of illness during the serving of his probationary period, the appointing authority may postpone the serving of such period, provided that such employee has served an amount of time adequate to satisfy the appointing authority that his services should be retained and provided, further, that such employee shall, upon resuming employment, be required to perform service equal to a full probationary period.
If a person at the time of his appointment or during the serving of his probationary period is not actually employed because of educational leave, he shall not be regarded as a tenured employee until he has served a full probationary period or the remainder thereof, as the case may be, following the termination of said educational leave and his commencing of or return to employment.
The probationary period of an employee shall not be deemed to be interrupted by his temporary appointment pursuant to section six to a position in a higher title in the same departmental unit, by his temporary promotional appointment pursuant to section seven, or by his provisional promotion pursuant to section fifteen.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IV - Civil Service, Retirements and Pensions

Chapter 31 - Civil Service

Section 1 - Definitions

Section 2 - Powers and Duties of Commission

Section 3 - Rules

Section 4 - New or Amended Rules; Hearings; Publication

Section 5 - Powers and Duties of Administrator

Section 6 - Appointments; Requisitions

Section 6a - Performance Evaluation System; Implementation

Section 6b - Weight of Performance Evaluation in Promotions

Section 6c - Employee Disagreement With Evaluation; Appeal

Section 7 - Promotional Appointments in Official Service

Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit

Section 9 - Departmental Promotional Examinations

Section 10 - Alternate Departmental Promotional Examinations

Section 11 - Competitive Promotional Examinations

Section 12 - Provisional Appointments

Section 13 - Provisional Appointments; Notice; Filing

Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination

Section 15 - Provisional Promotions

Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience

Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification

Section 18 - Notice of Examinations for Original Appointments; Posting

Section 19 - Notice of Examination for Promotional Appointments; Posting

Section 20 - Applications for Examination or Registration; Fees; Requests for Information

Section 21 - Educational and Physical Requirements; Eligibility Based on Gender

Section 22 - Passing Requirements of Examinations; Credits; Requests for Review

Section 23 - Review of Examination Papers; Errors

Section 24 - Appeals; Petitions

Section 25 - Eligible Lists; Certification; Refusal to Accept Employment

Section 26 - Order of Persons on Eligible Lists; Veteran's Preference; Disabled Veterans; Fire and Police Service

Section 27 - Appointment or Promotion; Manner of Selection

Section 28 - Labor Service Applicants; Eligibility; Age Limit; Veteran's Preference

Section 28a - Appointment of Apprentice Lineman; Age Restrictions

Section 29 - Labor Service Appointments; Promotional Bulletins

Section 30 - Promotional Appointments From Labor Service to Official Service

Section 31 - Emergency Appointments; Renewal

Section 32 - Emergency Appointments to Laborer Positions; Renewal

Section 33 - Seniority; Computing Length of Service

Section 34 - Probationary Periods

Section 35 - Transfers

Section 36 - Transfers From Official Service to Labor Service Positions

Section 37 - Leaves of Absence

Section 38 - Unauthorized Leaves of Absence; Reports; Separation From Employment; Review

Section 39 - Separation From Employment; Lack of Work or Money; Abolition of Position; Disability

Section 39a - Conditional Employees

Section 40 - Reemployment List

Section 41 - Discharge; Removal; Suspension; Transfer; Abolition of Office; Reduction of Rank or Pay; Hearings; Review

Section 41a - Discharge, Removal or Suspension; Hearing Before Disinterested Hearing Officer; Review

Section 42 - Complaints; Hearings; Jurisdiction; Filing of Civil Action

Section 43 - Hearings Before Commission

Section 44 - Judicial Review

Section 45 - Reimbursement for Defense Expenses

Section 46 - Reinstatement; Hearings

Section 47 - Blind Persons; Examinations; Temporary Appointment of Persons With an Intellectual Disability

Section 47a - Disadvantaged Persons; Certified Work-Training Programs; Examination; Eligible Lists; Appointment

Section 48 - Civil Service Offices and Positions; Exemptions

Section 48a - Career Management Service Program; Designation of Positions; Selection of Persons; Annual Listing; Performance Appraisal System

Section 49 - Students in Temporary Position Appropriate to Academic Interest; Appointments to Certain State Positions Subject to or Exempt From Civil Service Law; Confidential Employees

Section 50 - Persons Ineligible for Civil Service

Section 51 - Cities; Civil Service Offices and Positions

Section 52 - Towns; Civil Service Offices and Positions

Section 53 - Application of Chapter to Municipalities; School Districts; Elections

Section 54 - Petitions; Number of Signatures; Filing

Section 55 - Signatures to Petitions; Certification; Objections

Section 56 - Incumbents; Status; Seniority; Transfer of School Employees

Section 57 - Permanent Positions in City Labor Service; Removal of Intermittent Junior Building Custodians; Certification of Inspector of Wires

Section 58 - Municipal Police Officers and Firefighters; Qualification

Section 58a - Municipal Police Officers and Firefighters; Maximum Age Restrictions

Section 59 - Municipal Police Officers and Fire Fighters; Examinations; Appointments and Promotions

Section 60 - Intermittent or Reserve Police or Fire Forces; Appointments to Regular Force

Section 60a - Intermittent or Reserve Police or Fire Force Members; Effect of Refusals to Accept Employment on Permanent Basis in Regular Police or Fire Force

Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation

Section 61a - Police Officer and Firefighter Health and Physical Fitness Standards

Section 61b - Wellness Program for Police Officers and Firefighters

Section 62 - Punishment Duty; Police Officers or Fire Fighters

Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns

Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments

Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications

Section 65 - Massachusetts Bay Transportation Authority Police; Appointments and Promotions; Probationary Periods; Evaluation

Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts

Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties

Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.

Section 69 - Reports of Appointment or Employment by Appointing Authority Upon Request; Enforcement; Penalties

Section 70 - Records; Examination Papers; Inspection; Destruction

Section 71 - Rosters of Positions; Filing; Use; Penalties

Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.

Section 73 - Violations; Notice; Writs of Mandamus

Section 74 - Prohibited Activities; Penalties

Section 75 - Rights of Municipal Employees

Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications

Section 77 - Enforcement of Laws and Rules