Common use of Reemployment Eligibility Clause in Contracts

Reemployment Eligibility. Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants. In addition, such persons laid off have the right to make application and establish their qualification for vacant promotional positions within the District during the period of thirty-nine (39) months. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be at the option of the employee, returned to a position in their former class or the positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority. An employee who is laid off and is subsequently eligible for reemployment shall be notified in writing by the District of opening(s) for which he/she is eligible. The notice shall be by certified mail to the last address of the employee on record with the District. In lieu of certified mail notice, the District may elect to give notice by telephone or in person. If the position is refused, the District will confirm such refusal by letter to the employee. CSEA shall be given written notice of all employees offered reemployment. Within seven (7) calendar days of mailing the notice or within five (5) calendar days of telephone or personal contact, the employee must accept the position or the right to it is deemed waived. The period shall be extended to the next workday if it would otherwise end on a non-workday. The District may simultaneously send out notices of vacancy to more than one person on a reemployment list provided that a more junior person may be given the vacancy only when those with more seniority have declined or waived it. Any acceptance by such employee of an assignment to a classification lower than the classification from which he/she was laid off or to the same classification but with fewer hours shall not affect his/her original thirty-nine (39) month rights to reemployment in his/her former classification and with the same number of hours. If the employee accepts reemployment, he/she must report to work as soon as possible or within eleven (11) workdays following receipt of the reemployment offer unless a late reporting date is indicated on the reemployment offer or the District approved a later reporting date.