71 Pa.C.S. Ch. 24

in effect

71 Pa.C.S. § 24 References to Internal Revenue Code of 1986.

References in this act to provisions of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), including for this purpose administrative regulations promulgated thereunder, are intended to include such laws and regulations as are in effect on the effective date of this section and as they may be amended or supplemented or supplanted by successor provisions after the effective date of this section. Explanatory Note. Act 93 amended or added sections 8102, 8103, 8103.1, 8302, 8304, 8307, 8308, 8310, 8321, 8322.1, 8341, 8342, 8344, 8345, 8346, 8347, 8349, 8503, 8505, 8506 and 8507 of Title 24 and sections 5102, 5302, 5304, 5305, 5308, 5309, 5309.1, 5311, 5501, 5502, 5502.1, 5504, 5505, 5506, 5701, 5702, 5704, 5705, 5706, 5707, 5709, 5903, 5905, 5906, 5907, 5953 and 5955.2 of Title 71.

71 Pa.C.S. § 2401 Certification.

(a) Statement of vacancy.--If a vacancy is likely to occur or is to be filled in the classified service, the appointing authority shall submit to the Office of Administration a statement indicating the position to be filled. (b) Certification of available individuals.-- (1) The Office of Administration shall certify to the appointing authority the names of the three highest-ranking available individuals on the certification of eligibles, except if any of the following apply: (i) The appointing authority elects to follow an alternative selection procedure under section 2402(a) (relating to selection and appointment of eligibles). (ii) A labor agreement covering promotions in the classified service exists. (iii) The Office of Administration has specified, prior to testing the eligibles on the eligible list, that either all available individuals, regardless of ranking, or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification. (2) If a labor agreement covering promotions in the classified service exists, the terms and procedures of the labor agreement relative to the procedures for promotions shall control. (c) Lack of eligibles.--If the appropriate employment or promotion certification of eligibles contains fewer than three eligibles who are willing to accept appointment or if there is no appropriate eligible list, the appointing authority may appoint an available eligible from the approved eligible list or request the Office of Administration to certify from another eligible list deemed the next most appropriate. (d) Selective certifications.--If operational conditions of the appointing authority dictate and it is in the interest of the service to the Commonwealth, the Office of Administration may authorize selective certifications based on merit-related criteria. (e) Waiver of consideration.--An individual on a promotion or employment list who waives consideration for promotion or appointment may not be considered among the names from which a promotion or appointment is to be made. Cross References. Section 2401 is referred to in section 2402 of this title.

71 Pa.C.S. § 2402 Selection and appointment of eligibles.

(a) Alternative selection procedure.--Unless a labor agreement contains promotion procedures which are inconsistent with this chapter, in which case the terms of the labor agreement shall be controlling, if a vacant position is to be filled, an appointing authority may: (1) request that the Office of Administration issue an appropriate certification of previously tested and active eligibles; or (2) request that the Office of Administration create and issue a certification of eligibles consisting only of the names of those candidates who responded by applying for the vacancy after receipt of notice of the vacancy from the Office of Administration. The failure of a candidate to apply for the vacancy shall be considered a waiver under section 2401 (relating to certification). (b) Selection of certified eligibles.--The following apply: (1) The certification of eligibles created and issued under this section shall be valid for 90 business days. (2) If the vacant position is to be filled from an eligible list, the appointing authority shall select an individual who is among the three highest-ranking available individuals on the certification of eligibles, unless the Office of Administration has specified prior to testing the eligibles on the eligible list that either all available individuals regardless of ranking or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification. (3) In making the second or subsequent selection from the eligibles on an employment or promotional certification, each selection shall be from among the similarly ranked available individuals remaining on the certification of eligibles. (4) After an individual has been rejected three times by an appointing authority in favor of others on the same eligible list, the individual may not be certified to that appointing authority, except upon written request from the appointing authority. (5) Appointing authorities shall promptly report to the Office of Administration the appointment of eligibles who have been certified. (6) If a certified eligible refuses to accept an offer of employment, the refusal shall be promptly investigated by the Office of Administration and, if found that the refusal has been made for improper or insufficient reasons, the Office of Administration shall, after giving 10 days' notice to the individual, remove the eligible from the eligible list. Cross References. Section 2402 is referred to in section 2401 of this title; section 7104 of Title 51 (Military Affairs).

71 Pa.C.S. § 2403 Substitution during military leave.

(a) Substitution for military leave.--When an employee in the classified service is granted military leave, the position vacated shall be filled only by substitute appointment or promotion and the employee appointed or promoted shall vacate the position upon return of the employee from military leave. A substitute employee, when required to vacate a position upon the return of the regular employee, shall have the right to return to the substitute employee's previous civil service position and status. (b) Substitute lists.--The substitute appointment or promotion shall be made from lists certified by the Office of Administration under this chapter.

71 Pa.C.S. § 2404 Probationary period.

(a) Completion and duration.-- (1) No appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period. (2) The probationary period for each class of positions shall be prescribed by the Office of Administration and, except for trainee classes, shall in no case be less than six months nor more than 18 months. The probationary period for a trainee class shall be combined with that of the class for which the trainee is being trained. The combined probationary period shall be the same as the training period and shall not exceed 24 months. (3) The appointing authority may remove an employee during the probationary period if, in the opinion of the appointing authority, the probation indicates that the employee is unable or unwilling to perform the duties satisfactorily or that the employee's dependability does not merit continuance in the service. Upon removal, the appointing authority shall notify the employee in a manner prescribed by the Office of Administration. (b) Notification of permanent status.--If the employee's work has been satisfactory, the appointing authority shall notify the employee in writing prior to the completion of the probationary period that the employee shall attain regular status in the classified service upon completion of the probationary period. (c) Further appointment.--If an employee is removed from a position during or at the end of the probationary period and the Office of Administration determines that the employee is suitable for appointment to another position, the employee's name may be restored to the eligible list from which the name was certified.

71 Pa.C.S. § 2405 Provisional appointments.

(a) Accelerated examination program.--The Office of Administration may authorize an accelerated examination program for the position to be filled if: (1) there is a great and urgent public need to fill a vacancy in a position in the classified service; (2) the Office of Administration is unable to certify an eligible for the vacancy from an eligible list or arrange for a reassignment, transfer, promotion or other means of filling the vacancy with a qualified employee; and (3) there is no regular examination immediately available. (b) Elements of program.--The accelerated examination program shall include: (1) Abbreviated, localized advertising for the position to ensure open competition. (2) Rapid processing and evaluation of the qualifications of applicants, ranking the applicants as well qualified, qualified and not qualified. (3) Certification of applicants determined to be well qualified and qualified for the position. (c) Appointment.--The appointing authority shall appoint applicants determined to be well qualified. If insufficient well-qualified applicants are available, the appointment shall be made from the qualified group. (d) Test period.--The appointee shall serve a six-month working test period upon successful completion of which the appointee shall be granted probationary status. Failure to successfully complete the working test period shall result in termination. (e) Successive appointments prohibited.--Successive provisional appointments of the same individual may not be made to the same position or classification. (f) Rights of provisional status.--The acceptance of a provisional appointment shall not confer upon the appointee rights of promotion, reinstatement or reassignment to another classification while in provisional status.

71 Pa.C.S. § 2406 Temporary appointments to extra positions.

If, from pressure of work, an extra position in the classified service must be established for a period of 12 months or less, the appointing authority shall request the Office of Administration to certify the name of a qualified individual from an appropriate eligible list or by other means authorized by this part. In the request, the appointing authority shall state the cause of the extra work, the probable length of employment and the duties that the appointee is to perform.

71 Pa.C.S. § 2407 Emergency appointments.

(a) Appointment during emergency period.--An appointing authority or a subordinate authorized by the appointing authority may, to prevent serious impairment of the public business when an emergency arises and time may not permit securing authorization from the Office of Administration for the appointment of a certified eligible, appoint a qualified individual during the emergency for a period not exceeding 30 days and, with the approval of the Office of Administration, extend the appointment for a further period not to exceed 30 days. (b) Parameters.--The following shall not be considered an emergency: (1) a vacancy of which the appointing authority had reasonable notice; or (2) employment conditions of which the appointing authority had previous knowledge. (c) Nomenclature.--Individuals appointed under subsection (a) shall be known as emergency employees. (d) Report to Office of Administration.--Appointing authorities shall immediately report to the Office of Administration all emergency appointments. (e) Nonrenewal.--Appointments made under subsection (a) may not be renewed.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=71Fetched: 10/16/2026