Section 40. If a permanent employee shall become separated from his position because of lack of work or lack of money or abolition of his position, his name shall be placed by the administrator on a reemployment list, or if a permanent employee resigns for reasons of illness his name shall be placed on such list upon his request made in writing to the administrator within two years from the date of such resignation.
The names of persons shall be set forth on the reemployment list in the order of their seniority, so that the names of persons senior in length of service at the time of their separation from employment, computed in accordance with section thirty-three, shall be highest. The name of a person placed on such reemployment list shall remain thereon until such person is appointed as a permanent employee after certification from such list or is reinstated, but in no event for more than two years. The administrator, upon receipt of a requisition, shall certify names from such reemployment list prior to certifying names from any other list or register if, in his judgment, he determines that the position which is the subject of the requisition may be filled from such reemployment list.
If the position of a permanent employee is abolished as the result of the transfer of the functions of such position to another department, division, board or commission, such employee may elect to have his name placed on the reemployment list or to be transferred, subject to the approval of the administrator, to a similar position in such department, division, board or commission without loss of seniority, retirement or other rights, notwithstanding the provisions of section thirty-three.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title IV - Civil Service, Retirements and Pensions
Section 2 - Powers and Duties of Commission
Section 4 - New or Amended Rules; Hearings; Publication
Section 5 - Powers and Duties of Administrator
Section 6 - Appointments; Requisitions
Section 6a - Performance Evaluation System; Implementation
Section 6b - Weight of Performance Evaluation in Promotions
Section 6c - Employee Disagreement With Evaluation; Appeal
Section 7 - Promotional Appointments in Official Service
Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit
Section 9 - Departmental Promotional Examinations
Section 10 - Alternate Departmental Promotional Examinations
Section 11 - Competitive Promotional Examinations
Section 12 - Provisional Appointments
Section 13 - Provisional Appointments; Notice; Filing
Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination
Section 15 - Provisional Promotions
Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience
Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification
Section 18 - Notice of Examinations for Original Appointments; Posting
Section 19 - Notice of Examination for Promotional Appointments; Posting
Section 20 - Applications for Examination or Registration; Fees; Requests for Information
Section 21 - Educational and Physical Requirements; Eligibility Based on Gender
Section 22 - Passing Requirements of Examinations; Credits; Requests for Review
Section 23 - Review of Examination Papers; Errors
Section 24 - Appeals; Petitions
Section 25 - Eligible Lists; Certification; Refusal to Accept Employment
Section 27 - Appointment or Promotion; Manner of Selection
Section 28 - Labor Service Applicants; Eligibility; Age Limit; Veteran's Preference
Section 28a - Appointment of Apprentice Lineman; Age Restrictions
Section 29 - Labor Service Appointments; Promotional Bulletins
Section 30 - Promotional Appointments From Labor Service to Official Service
Section 31 - Emergency Appointments; Renewal
Section 32 - Emergency Appointments to Laborer Positions; Renewal
Section 33 - Seniority; Computing Length of Service
Section 34 - Probationary Periods
Section 36 - Transfers From Official Service to Labor Service Positions
Section 37 - Leaves of Absence
Section 38 - Unauthorized Leaves of Absence; Reports; Separation From Employment; Review
Section 39 - Separation From Employment; Lack of Work or Money; Abolition of Position; Disability
Section 39a - Conditional Employees
Section 40 - Reemployment List
Section 41a - Discharge, Removal or Suspension; Hearing Before Disinterested Hearing Officer; Review
Section 42 - Complaints; Hearings; Jurisdiction; Filing of Civil Action
Section 43 - Hearings Before Commission
Section 45 - Reimbursement for Defense Expenses
Section 46 - Reinstatement; Hearings
Section 48 - Civil Service Offices and Positions; Exemptions
Section 50 - Persons Ineligible for Civil Service
Section 51 - Cities; Civil Service Offices and Positions
Section 52 - Towns; Civil Service Offices and Positions
Section 53 - Application of Chapter to Municipalities; School Districts; Elections
Section 54 - Petitions; Number of Signatures; Filing
Section 55 - Signatures to Petitions; Certification; Objections
Section 56 - Incumbents; Status; Seniority; Transfer of School Employees
Section 58 - Municipal Police Officers and Firefighters; Qualification
Section 58a - Municipal Police Officers and Firefighters; Maximum Age Restrictions
Section 59 - Municipal Police Officers and Fire Fighters; Examinations; Appointments and Promotions
Section 60 - Intermittent or Reserve Police or Fire Forces; Appointments to Regular Force
Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation
Section 61a - Police Officer and Firefighter Health and Physical Fitness Standards
Section 61b - Wellness Program for Police Officers and Firefighters
Section 62 - Punishment Duty; Police Officers or Fire Fighters
Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns
Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments
Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications
Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts
Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties
Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.
Section 70 - Records; Examination Papers; Inspection; Destruction
Section 71 - Rosters of Positions; Filing; Use; Penalties
Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.
Section 73 - Violations; Notice; Writs of Mandamus
Section 74 - Prohibited Activities; Penalties
Section 75 - Rights of Municipal Employees
Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications