Section Per 1101.07 - Reemployment Following Layoff or Demotion in Lieu of Layoff(a) Before initiating recruitment as described in Per 400, when an appointing authority chooses to fill a vacant full-time position, the appointing authority shall attempt to fill that position by reemployment of an employee as set forth in (b) below, provided such reemployment does not result in a promotion, if the vacant position cannot be filled by recall or promotion of an employee who was either:(1) Laid off from a position within the agency with the same class specification and supplemental job description; or(2) Demoted in lieu of layoff from a position within the agency with the same class specification and supplemental job description.(b) If the appointing authority cannot fill a vacant position in accordance with (a) above, the appointing authority shall fill the vacant position by reemployment of: (1) A current agency employee who was demoted in lieu of lay off from a position with a classification that, at the time of demotion, was different from that of the vacant position; or(2) A laid off former agency employee who held a position at the time of layoff that was in a different classification from that of the vacant position.(c) An appointing authority shall not fill a vacant position in accordance with this section unless the laid off employee or employee demoted in lieu of layoff meets the minimum qualifications of the vacant position classification and the supplemental job description for that position.(d) Whenever a former employee who has been laid off from state service is reemployed or rehired within 3 years, the previously accumulated and unused balance of sick leave allowance shall be restored and credited to the employee.(e) When an employee who has been laid off is reemployed or rehired, the employee's seniority date shall be adjusted by adding each year, month, and day of prior seniority credit to the effective date of return to service as provided in Per 1101.02(c).(f) When an employee who has been laid off is reemployed or rehired, the employee's new increment date shall be established in accordance with Per 901.04.N.H. Admin. Code § Per 1101.07
Adopted byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.