Pennsylvania Consolidated Statutes

71 Pa. Cons. Stat. § 2404 (2026)

 Probationary period.

✓ current as of May 2026
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§ 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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2025 · leading case: Fulton v. City of Phila., 320 F. Supp. 3d 661 (E.D. Pa. 2018).
Fulton v. City of Phila., 320 F. Supp. 3d 661 (E.D. Pa. 2018). “71 Pa. Cons. Stat. Ann. § 2404 (emphasis added).”
Brown v. City of Pittsburgh, 543 F. Supp. 2d 448 (W.D. Pa. 2008). · cites it 2× “8, 2005) (quoting 71 Pa. Cons.Stat. § 2404). The RFPA applies “to any State or local law or ordinance and implementation of that law, whether statutory or otherwise.”
S. Donahue v. DHS (Pa. Commw. Ct. 2025). · cites it 3× “Donahue is correct that “[n]o appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period,” Section 2404(a)(1) of the CSRA, 71 Pa.C.S. § 2404(a)(1), Mr. Donahue cannot avoid the probationary period solely…”
71 Pa. Cons. Stat. § 2404(a)(1): 1 case
S. Donahue v. DHS (Pa. Commw. Ct. 2025). “Donahue is correct that “[n]o appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period,” Section 2404(a)(1) of the CSRA, 71 Pa.C.S. § 2404(a)(1), Mr. Donahue cannot avoid the probationary period solely…”
71 Pa. Cons. Stat. § 2404(a)(2): 1 case
S. Donahue v. DHS (Pa. Commw. Ct. 2025). “Donahue is correct that “[n]o appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period,” Section 2404(a)(1) of the CSRA, 71 Pa.C.S. § 2404(a)(1), Mr. Donahue cannot avoid the probationary period solely…”
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