(1) An employee who has attained permanent status and who is internally promoted, reassigned or whose position is reclassified shall retain permanent status in the new position, as provided in ARM 2.21.3807, unless the employing agency has adopted a policy providing for a trial period.

(2) An agency may adopt a policy providing for a trial period upon promotion, reassignment, or reclassification.   The agency policy shall provide that:

(a) A trial period may be established upon promotion, reassignment or reclassification to be used to determine if the employee will be retained in the new position or returned to the former or an equivalent position.   This trial period shall comply with all provisions of ARM 2.21.3808.

(b) During the trial period, an employee who has attained permanent status in the former position shall upon promotion, reassignment or reclassification retain all rights extended by virtue of having attained permanent status, except that, the agency may return an employee to the former or an equivalent position without following the provisions of the discipline handling policy, ARM 2.21.6505 et seq., the grievance policy, ARM 2.21.8001 et seq., and the reduction in work force policy, ARM 2.21.5005 et seq. (These policies may also be found in the Montana operations manual, volume III, policies 3-0130, 3-0125, and 3-0155.)

(c) Adoption of such a policy does not obligate the agency to return the employee to the former or an equivalent position in lieu of other personnel actions which could be taken consistent with the discipline handling, grievance and reduction-in-work force policies.

(3) An agency may require an employee who has not attained permanent status and who is promoted or reassigned within the agency to successfully complete a full probationary period in the new position.