Section 101.54. Reemployment after resignation

(a) Initiation of action. An appointing authority may make written application to the Director for reinstatement of a former regular status employee to a position in the same or comparable class from which resigned. The appointing authority shall submit a current application of the former employee and certify that, the former employee is in all respects qualified and able to serve in the class involved.

(b) Approval. The Director shall approve the request if:

(1) The former employee is qualified for the position sought.

(2) The former employee would derive no greater rights or privileges as a result of reinstatement than if continued as a regular employe or granted a leave of absence without pay.

(3) The rights of persons on reemployment or preferred lists would not be violated by the reinstatement.

(c) Probationary period after reinstatement. The appointing authority may waive the probationary period if the former employee returns within 2 years after resignation. If more than 2 years have expired, the reinstated employee shall serve the probationary period prescribed for the class to which returned.

The provisions of this § 101.54 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended August 9, 1974, effective August 10, 1974, 4 Pa.B. 1669; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151. Immediately preceding text appears at serial pages (47174) and (67261).

Notation

Notes of Decisions

Reinstated referee, who was reinstated after 5 years of retirement, was competent to decide workers’ compensation case. McAfee v. Workmen’s Compensation Appeal Board, 579 A.2d 1363, 1366 (Pa. Commw. 1990).