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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 123:1-41-18 | Notification of reinstatement or reemployment.


(A) Notification of recall. Each employee recalled from layoff will be notified of the offer of reinstatement or reemployment by certified letter and in accordance with a format prescribed by the director.

(1) The notice of reinstatement will contain a statement that refusal of reinstatement results in removal of such employee's name from the appointing authority's recall list.

(2) The notice of reemployment will contain a statement that refusal of reemployment results in removal of such employee's name from the jurisdictional recall list.

(3) For vacancies with position-specific minimum qualifications, the notice of reinstatement or reemployment will contain a statement that position-specific minimum qualifications exist and a valid proficiency instrument will be administered to determine that the person qualifies for the vacancy. The notice will also state that failure to meet the position-specific minimum qualifications will result in disqualification for that vacancy, but his or her name will remain on the recall lists.

(B) Period for response. Each recalled employee will be allowed ten calendar days from the date of receipt of the letter to return to work, and such time limit will be explained to the employee in the notification of recall letter.

In the event of extenuating circumstances (e.g., illness, injury, absence from city or state or other good cause as determined by the director) preventing the employee from returning within the above time limit, the employer will grant a reasonable extension, not to exceed sixty calendar days.

In the absence of extenuating circumstances, an employee not accepting reinstatement or reemployment within ten calendar days is deemed to have declined reinstatement or reemployment and the employee's name will be removed from consideration for reinstatement or reemployment in accordance with rule 123:1-41-19 of the Administrative Code.

(C) Current address for purposes of reinstatement and reemployment. The employee is responsible for keeping a current address on file with his or her appointing authority. The appointing authority of state agencies, boards, or commissions will notify the director of any changes in address of employees on recall lists. When the employee's agency no longer exists, the employee is responsible to notify the director of any address changes while on the recall list.

(D) Selection of counties for reinstatement or reemployment. When a state employee is laid off or displaced, he or she may select the county or counties within the affected layoff jurisdiction in which he or she is willing to accept reemployment or reinstatement. If a laid-off or displaced employee designates no counties, the employee will be placed on recall lists for reinstatement or reemployment in all of the counties within his or her layoff jurisdiction.

Last updated December 1, 2022 at 10:36 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.327
Five Year Review Date: 9/15/2027
Prior Effective Dates: 1/10/1975, 7/31/1982, 2/4/1996, 4/5/1999