Policy VII-1.31-GC UMGC Policy on Reemployment and Reinstatement

(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)

1. Purpose and Applicability

   This policy establishes the conditions that shall apply to former University of Maryland Global Campus (UMGC) Nonexempt, Exempt and Overseas Staff employees on Regular Status who are appointed to Regular Status positions within a specified period following a period of separation from UMGC, the University System of Maryland (USM) and/or another State agency. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.

   This policy does not apply to reemployment or reinstatement following a break in service due to an employee being activated for military duty.

2. Definitions

   1. Reemployment: Employment of a former employee who returns to employment with UMGC after a break in service of three (3) or more years.

   2. Reinstatement: Employment of a former employee who returns to employment with UMGC after a break in service of less than three (3) years.

3. Reemployment to Nonexempt, Exempt and Overseas Staff Positions

   1. A former Nonexempt, Exempt or Overseas Staff employee on Regular Status who returns to UMGC service after a break in service of three (3) or more years shall be considered a new employee when Reemployed.

   2. When Reemployed, the employee's prior service, exclusive of the period of separation from service, shall only be used to:

      1. Determine the rate of Vacation Time Off earnings for Nonexempt, Exempt and Overseas Staff employees as described in VII-7.00-GC – UMGC Policy on Vacation Time Off;

      2. Determine seniority points for Nonexempt employees, as provided in VII-1.30-GC – UMGC Policy on Layoff for Nonexempt Staff Employees.

4. Reinstatement to Nonexempt Staff Positions

   The following is the sequence of priorities of appointment among persons eligible for reinstatement in their Job Class:

   1. Reinstatement from Active Military Duty
      A Nonexempt Staff employee on Regular Status who leaves his/her position at UMGC to serve in the Armed Forces of the United States, by either selective service or enlistment, shall be Reinstated in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et. seq. and its accompanying regulations (USERRA) and VII-7.23-GC - UMGC Policy on Time Off for Military Training and Military Administrative Time Off.

   2. Reinstatement Subsequent to Prolonged Illness

      1. A Nonexempt Staff employee on Regular Status who has completed an original probation period and who is ready to return to duty within the first six (6) months of a Leave of Absence Without Pay due to illness shall be Reinstated to the Job Class within the Department that the employee held prior to the Leave of Absence.

      2. After the first six (6) months of the Leave of Absence Without Pay, and before the expiration of the approved Leave of Absence Without Pay, an employee shall be restored to duty in the first vacancy that occurs in the former Department. Other Departments shall consider this former employee as being among the ranking eligible for hire.

   3. Reinstatement After Lay-Off

      The CHRO or Designee shall certify to the Department the names of employees laid off as follows:

      1. A former employee with the highest number of seniority points shall be Reinstated first to the Job Class in which the Layoff occurred or any lower Job Class in the same Job Series within the Department where the Layoff occurred; and

      2. When there is a job vacancy in a Job Class or any lower or comparable Job Class in the same Job Series in a Department other than where the Layoff occurred, the Department shall select an employee to reinstate from a list of the laid off employees who have the five (5) highest number of seniority points who meet the minimum qualifications for the position.

5. Reinstatement to Exempt and Overseas Staff Positions

   1. A Reinstated employee shall receive full credit for prior UMGC, USM and/or State service as it applies to service time, Vacation Time Off earnings rate and Sick Time Off balance, in accordance with the applicable UMGC HR Policies.

   2. Employees on Leave of Absence Without Pay
      Employee job protection rights are covered by VII-7.12-GC – UMGC Policy on Leave of Absence Without Pay.

6. Probation and Service Credit for Reinstated Nonexempt, Exempt and Overseas Staff Employees
   An employee who is reinstated to UMGC service shall serve a new probation period. However, an employee who is reinstated in the same job with the Department in which he/she had previously completed a satisfactory probation period shall not be subject to a new probation period.

Implementation Procedures

The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Replacement for:

• USM BOR VII-9.61: Policy on Reemployment and Reinstatement for Regular Status Nonexempt and Exempt Staff Employees

• UMGC OS 7.00:  Policy on Rehiring Overseas Regular Staff

See Procedures P-VII-1.31-GC: Procedures for UMGC Policy on Reemployment and Reinstatement

See all Human Resources Policies and Procedures