P.R. Laws tit. 3, § 1462f

2019-02-20 00:00:00+00
§ 1462f. Readmissions

The following provisions shall govern the readmission of employees into the public service:

(1) Regular employees who resign from their jobs or are laid off due to the elimination of jobs, or due to disability, after having recovered therefrom, shall be entitled to have their names included in the eligible candidate registry corresponding to the job class they held with a regular status or a similar class, or its equivalent in other appraisal plans. This right may be exercised in agencies covered under this chapter, in which the employee had held jobs with a regular career status.

(2) Persons who recover from their disability, after having enjoyed an annuity for work-related or other disability from any of the retirement systems sponsored by the Government, shall be entitled to have their names included in the eligible candidate register corresponding to the same or similar job classes, or their equivalent in other appraisal plans, as they held at the time they left the job because of the disability, until they are selected. In these cases, they shall be certified as the sole candidates. The agency shall be under the obligation to appoint these candidates if they are available, but it may require such test or evidence of capability as it deems pertinent.

(3) Any person for whom readmission has been approved shall be entitled to appear in the register for a maximum period of three (3) years as of the date of being severed from service or as of the official date the disability no longer exists. Exception from this provision is made of persons who recover from their disability after having been enjoying an annuity for work-related or other disability from one of the retirement systems; in this case, they shall remain in the register until they are selected.

(4) Persons entitled to readmission who wish to exercise such a right, with the exception of persons laid off due to the elimination of jobs or those enjoying an annuity for work-related or other disability, shall file a written application with the agency within a period of three (3) years as of the date of effectiveness of being severed from the job they held.

(5) The agency shall give the employee written notice of the action taken in the case of his/her application for readmission. In the case of layoffs, the employee shall be likewise given written notice of the readmission.

(6) When rejecting an application for readmission, the appointing authority shall inform the employee, in its notice, the cause or causes which gave grounds for its action, and the employee may request a reconsideration of the decision within a term of ten (10) days as of the date of the notice. If the decision is confirmed, the employee may appeal before the Commission within a term of thirty (30) days as of the date of notice of the decision.

History —Aug. 3, 2004, No. 184, § 6.7.