a higher salary grade, established the same as any other reinstatement to a higher grade.

Methods of evaluation for promotion and placement, and selection for training which leads to promotion, must be consistent with instructions in part 300, subpart A, of this chapter. You may also apply to be reinstated to positions at higher grades, but such an action must be done under an agency’s internal merit promotion procedures, meaning you’d be competing with agency employees. Electronic Code of Federal Regulations (e-CFR), Chapter I. %PDF-1.5 %���� When an employee's existing pay schedule is adjusted or a new pay schedule that covers the employee's existing position of record (for the retained grade) is established (e.g., establishment of a new special rate schedule) while the employee is entitled to grade retention, the employee receives the same pay adjustments as any employee at the same grade and step.

(ii) A position change permitted by reduction-in-force procedures in part 351 of this chapter. Policy and Procedures R932, Vacation Leave, 2.7. REINSTATEMENT. Utah System of Higher EducationThe Gateway60 South 400 WestSalt Lake City, Utah 84101, USHE Conference for School Counselors and Administrators. Policy and Procedures R906, Staff Employment, 2.5. Reasonable offer means an offer of a position that meets the requirements in 5 CFR 536.104. 4.3.1. Persons whose names appear on any reinstatement register shall be reinstated on the basis of seniority of employment in the position, the person on such reinstatement register having the greatest seniority in the position to be the first reinstated. (An employee is in pay status when working, when on paid leave, or when on Workers’ Compensation Leave. (2) Noncompetitive actions. Whenever discretionary changes are made in accordance with this section by the Human Resources Director notice shall be sent to the recognized employee group for the title affected and the affected departments. An employee under a covered pay system who is placed in a lower-graded position under the same or different covered pay system (e.g., as a result of a reduction in force or when his or her position is reduced in grade as a result of a reclassification) is entitled to retain the grade held immediately before the reduction for a period of 2 years. The national employee organization and almost half of the form letter commenters suggested extending the comment period because the supplementary information accompanying the proposed rule provided incorrect dates for OPM's prior proposals to eliminate the time-in-grade restrictions. If the employee formerly held the position to which they were reduced, the date of original appointment to such position. (5) Requirement 5. Whenever any Classified position or title shall be abolished, the employees in that position or title shall be placed in the order of their seniority on the eligible list or lists for reinstatement to a position in the next lower rank or grade in the same line of employment, or to any position in the same grade as that abolished and to which they might have been legally transferred. West | Saint Paul, MN 55102 | General Information: 651-266-8989, Saint Paul Minnesota | The most livable city in America, 30. Areas of consideration must be sufficiently broad to ensure the availability of high quality candidates, taking into account the nature and level of the positions covered. 0 If reinstatement is to a higher or lower grade, the adjusted previous salary becomes the basis for determining the new starting salary in accordance with policies on promotion or demotion as appropriate. 4.2. Employees appointed under a multiple appointment who are on layoff from those titles covered by the multiple appointment for the periods of time not worked in such titles, shall be considered on the reinstatement register when not working in such titles and shall be considered removed from the reinstatement register when working in such titles. A higher salary may not be paid unless it is justified by intervening employment. The only way for a reinstatement eligible to be hired into a higher graded position is to bid competitively through an open job announcement, to which time-in-grade requirements would apply. (vii) Appointments of career SES appointees with competitive service reinstatement eligibility to any position for which they qualify in the competitive service at any grade or salary level, including Senior-Level positions established under 5 CFR Part 319 - Employment in Senior-Level and Scientific and Professional positions. For example, an offer of a position is a reasonable offer if the position's grade is equal to or higher than the retained grade, if the offer is in writing and includes an official position description, and if the offer meets certain other conditions. Management action means an action (not for personal cause) by an agency official not initiated or requested by an employee which may adversely affect the employee's grade or rate of basic pay. The Human Resources Director must review the duties of the two positions and approve the reduction; The employee must pass an examination deemed necessary to measure skills needed in the new position for which the employee has not previously been tested. The employee has a break in service of 1 workday or more; The employee is reduced in grade for personal cause or at the employee's request (based on the grade of the employee's position of record rather than the employee's retained grade); The employee moves to a position under a covered pay system with a grade that is equal to or higher than the retained grade (excluding temporary promotions); The employee declines a reasonable offer of a position with a grade equal to or higher than the retained grade; The employee elects in writing to terminate the benefits of grade retention; or. 3.2. The only way for a reinstatement eligible to be hired into a hired graded position is to bid competitively through an open job announcement. One can't be hired non-competitively into a higher graded position.

Employees who were suspended within one (1) year just prior to resignation or employees whose last performance appraisal rating was unsatisfactory. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). Filling a position with a reinstatement eligible can be a quick method of filling a position, especially There is no right of appeal of OPM, but OPM may conduct investigations of substantial violations of OPM requirements.

Military Personnel: Permanent employees who resigned or were granted leave without pay to serve in the Armed Forces of the United States are eligible for reinstatement to the same position or one of like status and pay regardless of the length of previous service. Actions under a promotion plan - whether identification, qualification, evaluation, or selection of candidates - must be made without regard to race, color, religion, sex (including pregnancy and gender identity), national origin, age (as defined by the Age Discrimination in Employment Act of 1967, as amended), disability, genetic information (including family medical history), marital status, political affiliation, sexual orientation, labor organization affiliation or nonaffiliation, status as a parent, or any other non-merit-based factor, unless specifically designated by statute as a factor that must be taken into consideration when awarding such benefits, or retaliation for exercising rights with respect to the categories enumerated above, where retaliation rights are available, and must be based solely on job-related criteria. (2) Noncompetitive actions. For an employee whose change in official position is followed within 3 workdays by a reduction in force resulting in the employee's separation before he or she is required to report to duty in the new position, the position of record in effect immediately before the position change is deemed to remain the position of record through the date of separation.

An employee is entitled to retain the grade held immediately before the action that provides entitlement to grade retention for 2 years beginning on the date the employee is placed in the lower-graded position, unless grade retention is terminated. Purpose: To outline OCHE’s policy regarding the reinstatement of permanent staff employees after a break in service. Any employee who is laid off and eligible for reinstatement may be reduced at the employee's request to a similar position providing the following provisions are met: 15 Kellogg Blvd. While the procedures used by an agency to identify and rank qualified candidates may be proper subjects for formal complaints or grievances, nonselection from among a group of properly ranked and certified candidates is not an appropriate basis for a formal complaint or grievance. In fact, they were published on June 15, 1994, and January 10, 1995. The Office of Human Resources shall maintain reinstatement registers. Former Federal Government Employee Reinstatement Eligibility When comparing grades under different pay systems, an agency must compare the comparison rates (as defined in 5 CFR 536.103) of the applicable grades to determine whether the grade of a position is equal to, higher than, or lower than the grade of another position.

To be eligible for promotion or placement, candidates must meet the minimum qualification standards prescribed by the Office of Personnel Management (OPM). 2.1. See 5 CFR 536.204 for additional rules regarding the period of grade retention. An agency must provide grade retention to an employee who moves from a position under a covered pay system to a lower-graded position under a covered pay system as a result of-, An employee is eligible for grade retention as a result of a reduction in force only if the employee has served for at least 52 consecutive weeks in one or more positions under a covered pay system at one or more grades higher than the grade of the position in which the employee is placed. Such complaints shall be resolved under appropriate grievance procedures. (a) Merit promotion plans. Reinstatement or restoration in rate after reduction in rate is intended to provide an opportunity for outstanding Sailors to recover from the impact of being reduced by one pay grade at nonjudicial punishment (NJP). Reinstatement: the re-employment into a permanent staff position of a former permanent employee with a break in service with OCHE. Eligibility for grade retention ceases or grade retention terminates if any of the following conditions occurs: See 5 CFR 536.207 and 536.208 for additional rules regarding loss of eligibility or termination of grade retention.

Benefits upon Reinstatement: Upon completion of the required probationary employment period reinstated employees will have their benefits reinstated and receive credit for all previous service in a permanent position with OCHE. Contact your agency's human resources to verify an individual's eligibility for reinstatement prior to making a job offer. R908-1. 250 0 obj <>stream The standards for adjudicating complaints are set forth in part 300, subpart A, of this chapter. Individuals with reinstatement rights may be noncompetitively placed in positions at grades equal to or lower than the grade they previously held on a permanent basis.



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