§ 602a.33. Promotion.
(a) Method of promotion. A vacancy may be filled by promotion in the following ways:
(1) By promotion of a probationary or regular employee from an appropriate employment list.
(2) By promotion of a probationary or regular employee from a promotion list.
(3) By promotion of a Commonwealth employee of an appointing authority who appears on an appropriate employment list and who meets eligibility criteria as established by the Office of Administration.
(4) By promotion of a regular employee without examination, based upon meritorious service and seniority.
(b) Promotion without examination. Promotion without examination may be accomplished under the following circumstances, provided that the promotion does not circumvent merit system principles as set forth in the act and this subpart:
(1) Trainee job classifications. A trainee who has successfully completed the prescribed training period may be promoted, without further examination, to the higher-level job classification.
(2) Intern job classifications. An intern who has successfully completed the duration of the internship may be promoted without further examination to the higher-level job classification, provided the intern possesses the minimum qualifications for employment in the higher-level job classification.
(3) Competitive promotion without examination. An appointing authority seeking to fill a vacancy through the competitive promotion without examination process shall make the promotion decision based upon an objective review of each referred applicant’s meritorious service and seniority.
(4) Classification review. When a classification review reveals that a position should be classified to a higher level, the incumbent of the position will be promoted without examination to the higher-level job classification, provided the incumbent possesses the minimum qualifications required for employment in the higher-level job classification.
(5) Unskilled position. When an unskilled position in the unclassified service exists immediately below a vacancy in a position in the classified service, the incumbent of the unskilled position shall be promoted into the classified service position, if all of the following occur:
(i) The promotion is into a classified service position immediately above the employee’s position.
(ii) The promotion is based on seniority and meritorious service.
(iii) The employee meets all the established requirements for the higher-level position.
(iv) The employee satisfactorily completes a 6-month probationary period in the classified service position.
(c) Meritorious service and seniority. For purposes of subsection (b), the following definitions apply:
(1) Meritorious service. Meritorious service shall mean the absence of any discipline above the level of written reprimand during the 12 months preceding the closing date on the vacancy posting and an overall rating of satisfactory or higher on the employee’s last performance evaluation. Appointing authorities shall not change the definition of meritorious service set forth in this paragraph and must consider all applicants who have a minimum overall rating of satisfactory on the employee’s last performance evaluation and who otherwise meet all other requirements for promotion to the relevant position.
(2) Seniority. Unless otherwise approved by the Office of Administration, seniority shall mean a minimum of 1 year of employment in the next lower job classification, as determined by the appointing authority using objective standards, by the closing date of the vacancy posting. Subject to approval by the Office of Administration, seniority may also mean a demonstration of a logical occupational, functional or career development relationship to the posted position and a job classification for which the employee holds, or has held, regular status; or a clear linkage between the required knowledge, skills and abilities of the posted position and a job classification for which the employee holds, or has held, regular status.
(d) Eligibility for promotion. To be eligible for a promotion, regardless of promotion method, an employee must have received an overall rating of satisfactory or higher on the employee’s last performance evaluation and cannot have received any discipline above the level of written reprimand during the 12 months preceding the closing date on the vacancy posting. Appointing authorities shall not change the requirements set forth in this subsection and must consider all applicants who have a minimum overall rating of satisfactory on the employee’s last performance evaluation and who otherwise meet all other requirements for promotion to the relevant position.
(e) Collective bargaining agreements. Notwithstanding the provisions of this section, when a collective bargaining agreement covering a job classification in the classified service sets forth promotion procedures, the terms of the agreement as to the promotion procedures shall be controlling, provided such terms are not otherwise contrary to the act or this subpart.
Cross References This section cited in 4 Pa. Code § 603a.8 (relating to probationary period of interns).
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