HRAR-7.07 - Reinstatement

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Purpose

Reinstatement allows a hiring authority to fill a vacancy with a former employee who has known qualifications for the position and knowledge of the organization. A former employee may be rehired in their former classification and service area, program or bureau providing they meet the requirements of this administrative rule.

Eligibility 

Any person who voluntarily demoted or who has resigned from a position with the City in good standing and had attained regular status in the requested classification prior to voluntary demotion or resignation, may be reinstated to a previously held position within three years of the date of voluntary demotion or resignation at the request and discretion of the appointing authority and upon approval by the Human Resources Director or designee. For purposes of this administrative rule, "good standing" shall mean appropriate written notice was given prior to departure and the employee did not resign in lieu of discipline or termination or during the course of a disciplinary investigation.

Retirees Returning to a Former Classification: 

A Public Employee Retirement System (PERS) or an Oregon Public Service Retirement Plan (OPSRP) retiree who has applied for retirement benefits and is receiving a monthly pension benefit/service retirement allowance or who has submitted the appropriate paperwork documenting their intention to retire as of a specific date from the City of Portland may be reemployed to a former classification by the City of Portland. 

The following requirements must also be met:

1. The request is made within 3 years from the date the employee left City service,
2. There can be no employees on the layoff list for the classification the person would be reinstated to, 
3. There can be no qualified injured workers available for the targeted classification,
4. The person is still qualified to perform the work, 
5. Reinstatement can only be to a vacant position. A hiring authority may not use under-fill, over-fill, double-fill and working out of class to reinstate a former employee; and
6. The employee requesting reinstatement must have held status in the classification where the vacancy occurs.

Reinstatement is at the City’s discretion and is not guaranteed, even if all criteria are met. 

Retirees Returning to a Different Classification: 

Retirees may apply for employment in a different classification than what they held at the time of their retirement through the City’s typical recruitment processes described in related Administrative Rule.

Former Probationary Employee

Former probationary employees who have left City service in good standing, and who have served at least 60 days of their probationary period prior to leaving, may be reinstated within one year of the date of separation or classification change to their previous probationary status and classification at the request and discretion of the appointing authority and upon approval by the Human Resources Director, or designee. The following requirements must also be met: 

1. The request is made within 1 year from the date they left City service, 
2. The former employee is qualified to do the work, 
3. There are no employees on the layoff list for the classification the person would be reinstated to; and
4. There are no qualified injured workers available for the targeted classification. 

Reinstated employees under this section will be required to serve a new probationary period as required in the related Administrative Rule.

Process For Requesting Reinstatement

1. The Human Resources Business Partner determines that all criteria for reinstatement are met, including verification of PERS notification of intent to retire for working retirees. 
2. The Human Resources Business Partner sends a written denial, or approval and request for reinstatement to fill a vacancy, to the hiring authority.
3. The hiring authority submits the written approval and the hiring action to the Bureau of Human Resources.

Salary Rate, Increases, Vacation, Sick Leave Accruals and Seniority

When an employee is reinstated under this Administrative Rule, the salary rate must align with pay equity law. 

The employee’s anniversary date is the date of reinstatement to the classification. Upon reinstatement, the employee's vacation accrual rate will be set at the same rate that was in effect at the time of separation and the accrual date shall be adjusted to account for the time the employee was not working for the City. Upon reinstatement, the employee will be credited with three personal holidays unless the employee is being reinstated during the same calendar year in which they separated, in such case, the employee will not receive any additional personal holidays for the year and will receive Personal Holidays thereafter per related Administrative Rule or relevant collective bargaining agreement. Upon reinstatement, any sick leave accruals that were carried on the books at the time of separation will be reinstated. 

Seniority in the class shall be adjusted to include previous permanent time in the classification upon reinstatement. The reemployed retiree shall not have the benefit of any previously acquired seniority as they do not hold status and do not earn seniority.

Health Benefits

Benefits will resume for reinstated employees and rehired retirees upon return to benefit eligible positions beginning the first month following employment after retiring if a break in service occurs. Refer to the related Administrative rule for further health benefits eligibility details.

Resources

Related Human Resources Administrative Rules: 3.01 Recruitment Processes, 3.08 Probationary Period, 6.02 Holidays, 8.04 Compensation, 10.01 Benefits