A. Reinstatement within one year of separation
An employee who has been permanently separated from employment for a period of less than one year is entitled to a reinstatement salary based on their past service.
The salary may not reflect any benefit(s) that occurred during the period of inactive status that required incumbency (e.g. the 1985 raises were given only to incumbents of positions on certain dates). An employee who has been temporarily separated from employment (e.g. sick leave without pay) is an incumbent and on reinstatement is eligible for any salary benefits that may have carried an incumbency requirement. The salary is determined as follows:
1. Reinstatement to same grade:
Pay salary attained prior to separation plus any performance advancement that may have been earned but not paid at the time of separation, plus any general salary increases to which the employee would be eligible under the rules for such increases.
2. Reinstatement followed by promotion to higher grade:
Follow rules as stated above to compute the current salary for the grade in which the employee separated, then apply the appropriate percentage increase for promotion on a current basis. Refer instructions for Promotion, Graded Positions.
3. Reinstatement to lower grade:
Reconstruct to determine the lower grade salary that would have been attained in such grade on the date of separation, plus any lower grade performance advancement and general salary increase as explained in 1. above. Refer instructions for Demotion.
B. Other reinstatement actions
1. An employee who is reinstated following a separation in excess of one year is entitled to a reinstatement salary based on past service/salary attainment and type of reinstatement.
a. Reinstatement from military service:
Pay salary attained prior to entry into military service, plus all performance advancements that would otherwise been processed had the employee not been on leave and all general salary increases that occurred during the leave period.
Military Law and various performance advance plans
b. Reinstatement by appointment from a preferred list:
Pay salary attained prior to layoff, plus any performance advancement that may have been earned but not paid at the time of layoff and all general salary increases that occurred during the inactive period. No service is credited toward application of performance advancements during the inactive period.
c. Reinstatement by Civil Service Commission Action:
Pay salary attained prior to separation, plus any performance advancement that may have been earned but not paid at the time of separation, plus any general salary increases to which the employee would be eligible under the rules for such increase. Civil Service Rule 5.4 Official Compilation
NOTES
Reinstatement by Civil Service Commission cancels the separation in excess of one year; it does not create incumbency for minimum general salary increases or reallocation actions that have occurred during the separation period. If the position to which reinstated has been reallocated, the salary reconstruction is based on the former grade and current promotion to the higher grade.Generally, the higher salary is payable from the date the Commission approves the reinstatement. There may be instances where exceptional circumstances justify retroactive reinstatement. Such requests are reviewed on individual merit and prior agreement to process any retroactive salary adjustment is established between OSC and the Department of Civil Service.
d. Reinstatement from disability
Pay salary attained prior to separation plus any performance advancement that may have been earned but not paid at the time of separation, plus any general salary increases that occurred during the inactive period.Service Sections 71 & 73
NOTE - Since the employee is eligible for immediate appointment or, if no vacancy exists, a position on the preferred list, the employee fulfills any incumbency requirement for increases that occurred during the inactive period. Civil
e. Reinstatement by Court Order, Arbitrator’s Decision, Commissioner of Human Rights, etc.
While each Order may contain unique provisions for reinstatement/back salary and must be closely reviewed, generally pay salary attained prior to dismissal, plus all performance advancements that would have been earned during the period covered by the Back Salary Award (if any) and general salary increases.
C. After one year of separation
An employee who has been permanently separated for a period in excess of one year, and returns to employment without the benefit of a reinstatement action, is entitled to the hiring rate salary. Refer Initial Appointment Salary.
NOTE - Determining a separation date
1. When an employee on a leave of absence without pay subsequently resigns, the date of permanent separation reverts back to the last date in active pay status and is the operative date when determining service breaks. Civil Service Rule 5.3 Official Compilation
2. When an employee on a leave of absence without pay due to an illness or disability is terminated by the agency, the separation date is the actual date of termination, and not the date of commencement of the disability leave. Civil Service Section 71
Refer to Anniversary Date section for additional information.
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Bureau of State Payroll Services
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