AFSCME Contract - MMB Home - Minnesota Management & Budget

200 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
651.259.3637
TTY 651.282.2699
www.doer.state.mn.us
DATE: June 30, 2007
TO:
FROM:
Labor Relations Representatives
Personnel Directors/Designees
Paul A. Larson
Deputy Commissioner
PHONE: 259-3770
RE:
Duration of Probationary Periods
Many of the State’s labor agreements, including the AFSCME agreement, define the length of
probation in terms of months rather than a specified number of days or worked hours. Because
the term “six months” can be defined and administered in a number of different ways,
inconsistencies in determining the exact day the probationary period ends have been found in the
practices of agencies. In at least one case, differing interpretations of probationary period length
have led to a disagreement among agencies concerning an employee’s non-certification following
a transfer. After reviewing and discussing this matter with agency human resources
representatives, the Department of Employee Relations has determined that the last day of a six
month probationary period is the day before the six month anniversary of the date the probationary
period began, provided that day is a business day. For this purpose, a “business day” is defined
as Monday through Friday, exclusive of holidays. In the event that the anniversary date does not
fall on a business day, the last day of the probationary period is the first business day following the
anniversary date. Because not all employees work Monday through Friday, the last day of the
probationary period might not be a work day for the employee.
This same definition of “business day” also applies in 7-day per week operations. Even though
every day is a work day in such agencies, DOER has determined that a common definition will help
to ensure consistent treatment of employees and avoid confusion.
Equal Opportunity Employer
Minnesota Department of Employee Relations
2013-2015 AFSCME Contract – Page 161