N.M. Admin. Code § 10.12.10.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 10.12.10.10 - RETURN FROM REDUCTION IN FORCE

A.Former employees who were in career status at the time of separation by a reduction in force shall have reemployment rights within the department, for a six-month period, under the following provisions:

(1) former employees shall be returned to work in order of highest service date as determined by agency hire date to any position to be flied; the position must contain the same or lower midpoint as that held at the time of the former employee's separation, provided the former employee has made application for said position and meets the established requirements;

(2) offers of employment shall be made in writing and shall be delivered by a method that provides proof of service or attempted service;

(3) a former employee who is offered and accepts employment after layoff shall occupy the position within 14 calendar days of accepting the offer of employment or forfeit the right to employment; and

(4) any former employee who refuses an offer of employment or fails to respond to an offer of employment within 14 calendar days shall be removed from the employment list for the position offered.

B.Former employees returned to work according to the provisions of these rules shall have that period of time they were laid off counted as time in the department, shall hold the status of the position in accordance with 10.12.2.9 NMAC, 10.12.2.10 NMAC or 10.12.2.11 NMAC and do not have to serve a new probationary period if reemployed into career status.

N.M. Admin. Code § 10.12.10.10

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015