Section Per 1101.06 - Recall Following Layoff or Demotion in Lieu of Layoff(a) When the reason(s) for a layoff or a demotion in lieu of layoff no longer apply, and the appointing authority chooses to fill a vacant position, the appointing authority shall first attempt to fill the vacancy in accordance with this section by using one of the following methods: (1) Recalling an employee demoted in lieu of layoff; or(2) Recalling a laid off employee.(b) 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 supplemental job description for that position.(c) Laid off employees and employees demoted in lieu of layoff shall be recalled to the same classification within the same agency from which the employees were laid off or demoted in lieu of layoff according to the same order of seniority which the appointing authority applied to layoff the employees or to demote the employees in lieu of layoff, provided recall occurs within 3 years from the original layoff date.(d) If an employee who is recalled refuses to accept the position to which the employee has been recalled, the employee shall not be recalled to any subsequent vacancy within that classification within that agency.(e) Whenever a former employee who has been laid off from state service is recalled within 3 years, the previously accumulated and unused balance of sick leave allowance shall be restored and credited to the employee.(f) When an employee who has been laid off is recalled, 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).(g) When an employee who has been laid off is recalled, the employee's new increment date shall be established in accordance with Per 901.04.N.H. Admin. Code § Per 1101.06
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.