Do I have Reinstatement Rights?

Displaced Employees: Do I have Reinstatement Rights?

 

Separated Skilled Service or Professional Service Employees  

As an employee in the skilled and professional service who is separated from State Service as a result of discontinuance of appropriation in the State budget for the position, you are entitled to the same reinstatement rights as a laid-off employee. 

Upon request, you will be placed on the eligible list as a “reinstatement – laid-off/separated” candidate:  (1) for the classification from which you were separated; (2) to any lower classification(s) in the same job series; and (3) to any comparable classification(s) in the same salary grade or lower, for which you have been certified as eligible, based upon possession of the required minimum qualifications.  Comparable classifications are determined by the Department of Budget and Management, Office of Personnel Services and Benefits (OPSB). 

Skilled and Professional Service employees who have been separated receive priority consideration for reinstatement and are placed on the appropriate eligible list(s) as Reinstatement – Laid-off/Separated candidates.  Separated employees receive seniority points, which determine placement on the eligible list.  Placement on eligible lists as a Reinstatement – Laid-off/Separated candidate certifies that the separated employee is eligible for consideration.  It does not guarantee re-employment.  It is very important that you effectively promote your qualifications to prospective State employers in consideration for future employment opportunities.  Please be sure to use the available State resources to increase your likelihood of a successful placement.  

Any separated employee may also request to be placed on eligible lists as a “regular” reinstatement for previously held classifications.  With this type of placement on the eligible list, you do not receive the designation of having seniority points, nor does it provide you with priority consideration for re-employment.  However, it is an additional tool available to help increase your opportunities for consideration.  The required request may be submitted through our Online Employment Center under Layoffs/Reinstates/Transfers or by calling (410) 767-4850.  

Management Service, Executive Service and Special Appointees

Employees in the management service (MS), executive service (ES), and special appointees (SA) do not have priority reinstatement rights.  However, MS, ES and SA employees who have previously held skilled or professional service (non-special appointment) positions may submit a request to OPSB for “regular” reinstatement to a classification previously held.   

Important:  All former, non-temporary employees receive credit for the time employed before separation for the purpose of determining the step in the pay grade, rate of annual leave accrual, and seniority rights when they return to a position in the State Personnel Management System within three years from their last day of State employment.  A former, non-temporary employee who returns to a State position in an independent personnel system in accordance with the reinstatement provisions of that system shall receive benefits allowed by that personnel system.