123:1-41-16 Reinstatement rights.

(A) Creation of recall lists for reinstatement. Each appointing authority which has laid-off employees shall prepare recall lists of the names and appointment types of the employees laid off. The recall lists shall be compiled by the classifications in which the employees were laid off. The names shall be listed in descending retention point order in each appointment category. These lists shall be arranged by layoff jurisdiction and shall be in reverse order of the order of layoff as established in this chapter.

The recall lists shall contain the employee’s name, type of appointment, retention points, and date of commencement of continuous service. In cases of identical retention point ratings, the order of recall shall be the reverse order of the layoff. Any ties of retention points shall be broken in accordance with the procedure established in rule 123:1-41-09 of the Administrative Code.

(B) Period of eligibility on layoff lists. An employee’s name shall remain on the appropriate list for a period of one year from the date the employee was first laid off or displaced from his or her original classification. These recall lists shall be thereafter administered by the director. Recall lists shall be utilized by the appointing authority only within a layoff jurisdiction.

Vacancies that occur in A classification series for which a recall list exists must be accepted or declined in writing by the first person on the recall list for that classification series before the next person on the recall list may be offered a vacancy.

(D) The administration of recall lists for reinstatement to vacancies with position-specific minimum qualifications, Established pursuant to rule 123:1-7-04 of the Administrative Code, shall comply with the following requirements:

(1) Appointing authorities shall administer a valid proficiency instrument to the first person on the recall list to determine whether the person meets the position-specific minimum qualifications.

(2) The first person on the recall list, if he or she meets the position-specific minimum qualifications, must accept or decline the vacancy in writing before the next person on the recall list may be considered for reinstatement.

(E) In no event shall any employee on the recall list be offered a position in a classification with a higher pay range assignment or appointment category than that of the classification or appointment category from which the employee was laid off or displaced.

(F) Failure to exercise displacement rights. A laid-off or displaced employee who chooses not to exercise the option to displace shall only be entitled to reinstatement to the classification from which the employee was laid off or displaced.

(G) Prohibition of movement into classifications for which recall lists exists. In any layoff jurisdiction in which an appointing authority has any employee on a recall list, the appointing authority shall not hire, or promote into the classification or the classification series subject to the recall list An appointing authority may reassign or transfer employees within a classification and within the layoff jurisdiction for which a recall list exists unless the director determines the reassignment or transfer circumvents the recall process. Transfers of employees may not be made into a different layoff jurisdiction if a recall list exists for that layoff jurisdiction.

(H) Probationary period. Any employee reinstated under this rule shall not serve a new probationary period when reinstated; except, any employee laid off or displaced while serving an original or promotional probationary period shall begin a new probationary period upon reinstatement.

R.C. 119.032 review dates: 10/04/2007 and 10/01/2012

Promulgated Under: 119.03

Statutory Authority: 124.09

Rule Amplifies: 124.327

Prior Effective Dates: 7/31/82, 2/4/96, 4/5/99