Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-16 - Reinstatement rights

Current through all regulations passed and filed through July 1, 2024
(A) Creation of recall lists for
			 reinstatement. Each appointing authority which has laid-off employees
			 
								will
			 prepare recall lists of the names and appointment types of the employees laid
			 off. The recall lists 
								will be compiled by the classifications in which
			 the employees were laid off
								with
								
								the names  listed in descending retention point order in each appointment
			 category. These lists 
								will be arranged by layoff jurisdiction and
			  be in reverse order of the order of
			 layoff as established in this chapter.
The recall lists 
									will contain the employee's name, type of
				appointment, retention points, and date of commencement of continuous service.
				In cases of identical retention point ratings, the order of recall
				
									will be
				the reverse order of the layoff. Any ties of retention points
				
									will be
				broken in accordance with the procedure established in rule
				123:1-41-09 of the
				Administrative Code.
(B)
			 Period of eligibility on layoff lists. An employee's name
			  remains
			 on the appropriate list for a period of one year from the date the employee was
			 first laid off or displaced from his or her original classification. These
			 recall lists 
								will be thereafter administered by the director.
			 Recall lists 
								will be utilized by the appointing authority only
			 within a layoff jurisdiction.
(C)
			 Administration of recall lists for reinstatement to vacancies without
			 position-specific minimum qualifications.
Vacancies that occur in a classification series for which a
				recall list exists must be accepted or declined in writing by the first person
				on the recall list for that classification series before the next person on the
				recall list may be offered a vacancy.
(D) The administration of recall lists for
			 reinstatement to vacancies with positionspecific minimum qualifications,
			 established pursuant to rule
			 123:1-7-04 of the
			 Administrative Code, 
								will comply with the following requirements:
(1) Appointing authorities may request up to
			 five names off the recall list in response to a position that has
			 position-specific minimum qualifications. The first five names, ranked in
			 retention point order, will be sent to the agency.
(2) Appointing authorities
			 
									will
			 administer a valid proficiency instrument to the first person on the recall
			 list to determine whether the person meets the positionspecific minimum
			 qualifications. Therefore, for efficiency, the appointing authority may contact
			 all five people at once asking each one to demonstrate how that person meets
			 the position-specific minimum qualifications attached to the position. The
			 appointing authority 
									notifies each contacted individual that the
			 individuals 
									will only be considered in retention point order. The
			 person with the most retention points that meets the position-specific minimum
			 qualifications 
									will be awarded the position.
(3) After the appointing authority identifies
			 the person with the most retention points that meets the position-specific
			 minimum qualifications, that person must accept or decline the vacancy in
			 writing before the next person on the recall list may be considered for
			 reinstatement. If the person with the most retention points that meets the
			 position-specific minimum qualifications declines the position, and the
			 appointing authority contacted five people at once, the agency may review the
			 next person from the recall list in retention point order.
(4) During the time when five names are
			 released to one appointing authority, the director will continue to send the
			 same five names to other agencies requesting the classification in
			 question.