Section 389-11-7 - RETURN FROM LEAVE OF ABSENCEA.Reinstatement Provisions1. Except as otherwise provided by law, a permanent or probationary employee granted a leave of absence must be returned to his/her employment at the expiration of his/her leave, unless the position formally occupied has been abolished and no person with less seniority or status is employed in the same class in the same agency or organizational unit at the date of expiration of the leave.2. Subject to the same exception, such employee may be returned to his/her employment at any time prior to the expiration of his/her leave, provided the appointing authority files written notice of such action with the Director of Human Resources.3. A permanent or probationary employee who is denied reinstatement by the appointing authority prior to the expiration of his/her leave shall have his/her name placed on the appropriate eligible registers under provisions of Chapter 7. Such action shall not affect the right of the employee to return to employment at the expiration of his/her leave of absence as above provided unless he/she is appointed from such register prior to the date of expiration of the leave of absence.B.Layoff Provisionshe name of a permanent or probationary employee who is laid off prior to the expiration of his/her leave because of abolition of his/her position as above provided, shall be placed on the appropriate eligible registers under provisions of Chapter 7.
18- 389 C.M.R. ch. 11, § 7