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
Part I - Administration of the Government
Title IV - Civil Service, Retirements and Pensions
Section 2 - Powers and Duties of Commission
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 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 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 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 45 - Reimbursement for Defense Expenses
Section 46 - Reinstatement; Hearings
Section 48 - Civil Service Offices and Positions; Exemptions
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 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 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 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 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