A. Except as provided in subsection C of this section or section 41-742, subsection A, an employee under covered service is entitled to continue to be a covered employee as long as the employee remains in covered status without a break in service or as otherwise provided by law.  Probationary status employees are required to complete their probationary period before obtaining rights of appeal. On successfully completing a probationary period, an employee in covered service is entitled to have appeal rights as provided in article 6 of this chapter or section 41-1830.16, as applicable.

Terms Used In Arizona Laws 41-745

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Break in service: means a separation from state employment, regardless of the reason for separation. See Arizona Laws 41-741
  • Covered employee: means an employee who:

    (a) Before September 29, 2012, is in the state service, is not uncovered pursuant to section 41-742, subsection A and has remained in covered status without a break in service since that date. See Arizona Laws 41-741

  • Covered service: means that employment status conferring rights of appeal as prescribed in sections 41-782 and 41-783 or section 41-1830. See Arizona Laws 41-741
  • Employee: means all officers and employees of this state, whether in covered service or uncovered service, unless otherwise prescribed. See Arizona Laws 41-741
  • Full authority peace officer: means a peace officer whose authority to enforce the laws of this state is not limited by the rules adopted by the Arizona peace officer standards and training board. See Arizona Laws 41-741
  • Probationary period: means a working test period of employment in a covered service position for evaluation of the employee's work. See Arizona Laws 41-741
  • State service: means all offices and positions of employment in state government that, before September 29, 2012, were subject to the provisions of articles 5 and 6 of this chapter that were in effect before September 29, 2012. See Arizona Laws 41-741
  • Uncovered employee: means an employee in uncovered service. See Arizona Laws 41-741
  • Uncovered service: means employment at will and includes all state employees except those in covered service. See Arizona Laws 41-741

B. Except as provided in subsection C of this section, uncovered service consists of all employees in the state agencies not included in the covered service.  Employees in uncovered service are employees at will and are not entitled to appeal rights.

C. A position that requires certification as a full authority peace officer by the Arizona peace officer standards and training board or a position designated as a correctional officer I, correctional officer II, correctional officer III or community corrections officer shall be in the covered and uncovered service as follows:

1. If, on September 29, 2012, the position is filled with an uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.

2. If, on September 29, 2012, the position is filled with a covered employee who was in the state service and the employee does not voluntarily elect to become an at will uncovered employee, the position shall remain in the covered service for the current incumbent and for all future appointments to that position.

3. If, on or after September 29, 2012, an employee in the covered service voluntarily elects to become an at will uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.