Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-17 - Reemployment rights

Current through all regulations passed and filed through July 1, 2024
(A) General. Each laid-off or displaced
			 employee, in addition to the reinstatement rights set forth in this chapter,
			 
								has the right to reemployment with other agencies
			 within the layoff jurisdiction. The right to reemployment is limited to the
			 same classification from which the layoff or displacement initially
			 occurred.
(B) Creation of recall
			 lists for reemployment. The director 
			 creates, by appointment type, a jurisdictional
			 recall list for each classification by combining the recall lists of each
			 appointing authority within a layoff jurisdiction but excluding the names of
			 reduced employees. The name of a laid-off employee  appears on a
			 jurisdictional recall list for the classification and appointment category from
			 which the employee was initially laid off or displaced.
In cases of identical retention point totals, those employees
				having the longest period of continuous state service,
				
									will be
				placed on the list first, and if still unresolved, the director
				 determines the order of names on the list.
An employee's name 
				remains on the jurisdictional recall list for a
				period of one calendar year from the date the employee was first laid off or
				displaced from his or her original classification.
The director 
				determines that the appointing authority's recall
				list for employees entitled to reinstatement to that classification has been
				exhausted before certifying any name from the jurisdictional recall
				list.
(C) Administration of
			 recall lists for reemployment to vacancies without position-specific minimum
			 qualifications.
A vacant position must be accepted or declined in writing by
				the first person on the jurisdictional recall list for that classification
				before the next person on the jurisdictional recall list may be considered for
				reemployment.
(D) The
			 administration of recall lists for reemployment to vacancies with
			 position-specific 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 employee that 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
			 meet the positions-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 reemployment. If the person with the most retention 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.