(a) Any person who has held a classified position in any merit or civil service system within the State of Alabama or within any political subdivision thereof and relinquished that position to accept an appointment to an unclassified position shall be returned to permanent status in the same merit classification which that person held at the time of appointment, providing that person shall:
(1) Choose to be returned to the merit or civil service classification.
(2) Have accepted an appointment to an unclassified position within the same agency where employment was under the merit or civil service system.
(3) Not have had a break in service exceeding one pay period.
(4) Not have been the subject to any pending disciplinary action at time of appointment.
(5) Have had at least 10 years service in the merit or civil service system at time of appointment.
(b) Any person who returns to a former merit or civil service classification under the provisions of subsection (a) shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the employee and to which the employee would have otherwise been entitled had he or she remained within the classified service. It is further provided, that when a person returns to a former classification no person serving in that classification shall be reduced in classification but reduction if necessary shall be accomplished by attrition.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 26 - State Personnel Department and Merit System.
Article 1 - General Provisions.
Section 36-26-1 - Short Title.
Section 36-26-2 - Definitions.
Section 36-26-3 - Purposes of Article.
Section 36-26-4 - State Personnel Department Created; Composition; Executive Head; Offices.
Section 36-26-6 - State Personnel Board - Meetings; Powers and Duties Generally.
Section 36-26-7 - Director of Personnel - Appointment; Qualifications; Salary; Removal.
Section 36-26-9 - Promulgation, etc., of Rules for Implementation of Provisions of Article.
Section 36-26-11 - Classification of Positions, etc., in State Service.
Section 36-26-12 - Preparation, etc., of Pay Plan for Employees in State Service.
Section 36-26-14 - Deferred Compensation Plans for Certain Employees.
Section 36-26-15.1 - Proof of Registration Required for Employment or School Enrollment.
Section 36-26-16 - Certification for Employment of Handicapped Persons.
Section 36-26-18 - Extraordinary Appointments.
Section 36-26-20 - Employee Training Programs.
Section 36-26-23 - Promotions.
Section 36-26-26 - Layoffs; Furloughs.
Section 36-26-27 - Dismissals and Disciplining of Employees Generally.
Section 36-26-27.1 - Placement of Disciplinary Documents in the Personnel File of a State Employee.
Section 36-26-28 - Suspensions.
Section 36-26-29 - Limitation Period for Charges for Dismissal or Disciplinary Action.
Section 36-26-31 - Granting of Leave of Absence for Service in Armed Forces of United States.
Section 36-26-32 - Restoration of Employee to Former Position After Service in Armed Forces.
Section 36-26-34 - Granting, etc., of Time Off to Comply With Religious Obligations.
Section 36-26-35 - Annual Leave.
Section 36-26-35.1 - Annual Leave Carry Over Limit Increased for Certain Personnel.
Section 36-26-35.2 - Annual Leave.
Section 36-26-36.2 - Donation of Leave; Implementation.
Section 36-26-36.3 - Bereavement Leave.
Section 36-26-38 - Political Activities Prohibited.
Section 36-26-42 - Representation of Department in Judicial Proceedings.
Section 36-26-43 - Use of State, County, etc., Buildings for Examinations and Investigations, Etc.
Section 36-26-44 - Inspection of Records of Department.
Section 36-26-45 - Payment of Expenses of Department.
Section 36-26-46 - State Capitol Guides Classified as "Capitol hostesses."
Section 36-26-47 - Penalties for Violations of Provisions of Article.
Section 36-26-48 - Lump-Sum Merit Reward Payments for Certain Full-Time State Employees.