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23. Reinstatement

23.A - Reinstatement Registers

The Office of Human Resources shall maintain reinstatement registers. Any employee whose name is on a reinstatement register shall be eligible for reinstatement to positions of the same class, grade, salary, and the same character of work as the position from which leave of absence or resignation took place; however, such eligibility for reinstatement shall not continue longer than one year after resignation or from the time leave of absence was granted, except as otherwise specifically provided in these Rules or in a collective bargaining agreement. Persons whose names appear on any reinstatement register shall be reinstated on the basis of seniority of employment in the position, the person on such reinstatement register having the greatest seniority in the position to be the first reinstated.

Employees appointed under a multiple appointment who are on layoff from those titles covered by the multiple appointment for the periods of time not worked in such titles, shall be considered on the reinstatement register when not working in such titles and shall be considered removed from the reinstatement register when working in such titles. During the time an employee is considered on a reinstatement register, all provisions of this Section 23.A shall apply.

23.B - Reinstatement After Resignation

Any employee who resigns, may, in the discretion of the Human Resources Director, be placed on the reinstatement register and certified for reinstatement in accordance with Section 7 of these Rules, at any time within one (1) year after such resignation; however, employees in the following category shall not be entitled to reinstatement:

  1. Employees who were suspended within one (1) year just prior to resignation or employees whose last performance appraisal rating was unsatisfactory.

Any rights and privileges which would accrue to the employee following their reinstatement after resignation shall also accrue to the employee if the employee actually begins work in a position following certification from any eligible list within one (1) year of the employee's resignation; however, no seniority rights shall accrue within any given job title except by service in that job title.

Whenever discretionary changes are made in accordance with this section by the Human Resources Director notice shall be sent to the recognized employee group for the title affected and the affected departments.

23.C - Reinstatement When Position is Allocated to a Lower Class

If an employee's position is allocated to a lower class, and the employee is accordingly reduced to the position in such lower class, the employee's name shall be placed on the reinstatement register for the class from which their position was reduced and the reinstatement register for any other class to which they might have been legally transferred or reduced while holding their former position. When a vacancy occurs in any such class the employee shall be reinstated in accordance with the provisions of Section 23.A; however, if the employee is so reinstated, and their name appears on a reinstatement register for a position in a class higher than the one to which they were appointed, the employee's name shall be retained on such higher register or registers; and if a vacancy occurs to which an employee coming within the provisions of this paragraph is eligible for reinstatement, and such vacancy is in the department where such employee was employed at the time of reduction, said employee shall have preference to such vacancy irrespective of the employee's standing on the reinstatement register. Such reinstatement rights shall not be limited to the usual one-year limitation, but shall continue until such time as the employee is reinstated or refuses reinstatement.

23.D - Reinstatement When Position is Abolished

Any employee whose position has been abolished shall be entitled to reinstatement in the same manner as if the employee had been laid off from such a position.

Any employee who accepts appointment or promotion to a position in the same grade or in a higher grade may, if that position is later abolished because of lack of work, or funds or for other causes, be reinstated, in the discretion of the appointing officer and with the consent of the Human Resources Director to the employee's former position or to any position to which the employee might have been legally transferred, and such reinstatement shall be without loss of seniority rights or privileges.

Whenever any Classified position or title shall be abolished, the employees in that position or title shall be placed, in the order of their seniority on the eligible list or lists for reinstatement to a position in the next lower rank or grade in the same line of employment, or to any position in the same grade as that abolished and to which they might have been legally transferred. If no such list exists, one shall be thereupon established.

If an employee's position is allocated to a lower class and the employee is accordingly reduced to the position in such lower class, their seniority in such lower class shall date from the earliest of the following dates:

  1. If the employee formerly held the position to which they were reduced, the date of original appointment to such position.
  2. The date the employee was first appointed to the position from which they were reduced.
  3. The date when the employee was first appointed to any position in a class at a level between those mentioned in (a) and (b) and to which the employee could have been reduced from the position from which they were reduced.

Whenever discretionary changes are made in accordance with this section by the Human Resources Director notice shall be sent to the recognized bargaining unit for the title affected and the affected departments.

23.E - Reinstatement After Temporary Position

An employee who accepts appointment to a higher position, the duties of which are merely temporary, shall be reinstated to the employee's former position without loss of seniority when such higher duty is completed.

23.F - Reinstatement After Leave of Absence

Upon the expiration of a leave of absence an employee shall be reinstated in the employee's position except that, if the position has been abolished or if they would be on layoff if they had not been granted leave of absence, the employee's name shall be placed on the appropriate reinstatement register, and the employee shall be reinstated in accordance with the reinstatement provisions of these Rules.

23.G - Reinstatement After Voluntary Reduction

Any employee who has been reduced may, in the discretion of the appointing officer and with the approval of the Human Resources Director, be reinstated to their former position without loss of seniority at any time within two years after such reduction, or the employee may, in the discretion of the Human Resources Director, have their name placed on an appropriate reinstatement register for reinstatement within two years after any voluntary reduction to a position in the employee's class and grade.

Whenever discretionary changes are made in accordance with this section by the Human Resources Director notice shall be sent to the recognized bargaining unit for the title affected and the affected departments.

23.H - Reinstatement by Voluntary Reduction to a New Title

Any employee who is laid off and eligible for reinstatement may be reduced at the employee's request to a similar position providing the following provisions are met:

  1. The Human Resources Director must review the duties of the two positions and approve the reduction;
  2. The employee must pass an examination deemed necessary to measure skills needed in the new position for which the employee has not previously been tested. 
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