Sec. 41. (a) As used in this section, "state seniority" means the length of an employee's unbroken, continuous state employment.
(b) A former employee in the state civil service system has a right of recall to the classification from which the employee was laid off. Recall rights under this section are to positions under the same appointing authority and in the same or a contiguous county from which a former employee was laid off.
(c) A former employee must assert in a timely manner the claim of entitlement to recall in response to the official posting of a vacancy.
(d) A recall under this section is contingent upon the former employee having the knowledge, skill, and ability to perform the duties of the position for which the former employee is applying.
(e) The appointing authority shall recall former employees in the order of the employees' service ratings. In the event of a tie in service ratings, the right to recall is determined by state seniority. If there is a tie in state seniority, the former employee with the highest number comprised of the last four (4) digits of the employee's Social Security number is the employee recalled.
(f) The right to recall under this section expires on the earlier of:
(1) one (1) year after date the employee is laid off; or
(2) the date the employee is reemployed in a permanent position.
(g) For state seniority purposes, an employee who becomes reemployed within one (1) year after the date the employee is laid off is considered to have unbroken, continuous state employment, except that the time that the employee spent in out-of-pay status as a result of the layoff must be deducted from the employee's total seniority.
As added by P.L.229-2011, SEC.56.
Structure Indiana Code
Title 4. State Offices and Administration
Article 15. Personnel Administration
Chapter 2.2. State Civil Service System
4-15-2.2-2. "Appointing Authority"
4-15-2.2-3. "Class of Positions"
4-15-2.2-4. "Classified Employee"
4-15-2.2-8. "Division of the Service"
4-15-2.2-10. "State Civil Service"
4-15-2.2-11. "State Institution"
4-15-2.2-12. Construction; Merit Principles
4-15-2.2-13. Department Established
4-15-2.2-15. Duties of Director
4-15-2.2-20. Divisions of the Service
4-15-2.2-21. Classified Service
4-15-2.2-22. Unclassified Service
4-15-2.2-23. Classified Service; Standard for Dismissal, Demotion, or Suspension
4-15-2.2-24. Unclassified Service; At-Will Employee
4-15-2.2-25. Reorganization of Agency; Impact on Unclassified Positions
4-15-2.2-26. Classification Plan
4-15-2.2-28. Use of Classification Titles or Code Numbers
4-15-2.2-29. Vacancies in Classified Service
4-15-2.2-30. Rejection of Application for Employment; Grounds
4-15-2.2-31. Notification of Available Job Positions
4-15-2.2-32. Classified Service; Veteran Preference
4-15-2.2-33. Certification and Placement of Individuals With a Disability
4-15-2.2-34. Classified Service; Work Test Period
4-15-2.2-35. Reassignment; Reorganization
4-15-2.2-36. Evaluation Standards; Service Ratings
4-15-2.2-37. Report to Director; Change in Employee Status
4-15-2.2-38. Personnel Records; Roster; Analysis
4-15-2.2-39. Rules Governing Hours of Work and Leaves of Absence
4-15-2.2-40. Lay Off and Furlough Authority; Reduction in Hours
4-15-2.2-41. Recall After Lay Off
4-15-2.2-42. Complaint Procedure
4-15-2.2-43. Retirement Benefits
4-15-2.2-44. Equal Opportunity Requirements
4-15-2.2-45. Resignation; Election to Public Office
4-15-2.2-47. Prohibition on Accepting or Soliciting Benefit for Appointment or Promotion of Employee
4-15-2.2-48. Powers; Administration of Oaths; Subpoenas; Examinations; Production of Records
4-15-2.2-49. Grounds for Dismissal; Failure to Appear; Failure to Testify
4-15-2.2-50. Agreements to Provide Services to Political Subdivision
4-15-2.2-51. Construction; Effect of Law on Grants