Reinstatement Salary Administration

Reinstatement is the reemployment of a former permanent, trainee, or time-limited (full-time or part-time) employee with a break in service. The reemployment must be a permanent, trainee, or time-limited appointment and be effective within five years following the date of separation. A break in service occurs when an employee is in nonpay status for more than thirty-one calendar days. An employee is in pay status when working, when on paid leave, or when on workers' compensation leave. An employee is not in pay status after the last day of work when separated because of resignation, dismissal, death, retirement, or reduction in force. Periods of leave without pay do not constitute a break in service (for the purpose of reinstatement).

Veterans, who resigned or were granted leave without pay to serve in the armed services of the United States, are eligible for reinstatement to the same permanent, probationary, trainee or time-limited appointment or one of like status, seniority, and pay regardless of length of previous service. If an employee is disabled during military service to the extent that the duties of the original position cannot be performed, the employee is reinstated to a position with duties commensurate with the disability, if any such position is available.

Salary level upon reinstatement may be:

the salary paid at the time of separation plus legislative increases or increases resulting from a correction of salary range, if such salary is within the range for the class, and the reinstatement is within one year since the separation date;

in accordance with the standards used for making new appointments if after one year from the separation date; or

in accordance with promotion or demotion/reassignment policy if reinstatement is to a different level position and within one year since the separation date.

Upon reinstatement from military leave, an employee's salary is based on the last salary plus any general salary increases due while on leave. The addition of performance salary increases may be considered. Trainee adjustments also may be considered if it can be determined that the military experience directly related to the development in the area of work to be performed. For a layoff priority candidate, the salary upon reinstatement is the same rate (plus any legislative increase or other general adjustment) if reinstated to the same salary grade as that held at the time of the layoff. If the layoff priority candidate is reinstated to a lower salary grade, the salary upon reinstatement is the same as at the time of the layoff, not to exceed the maximum of the salary grade to which reinstated.

Full retirement membership service credit for periods of active military service is granted to honorably discharged veterans who return to State employment with two years after being separated from active service. Credit is received by submitting Form Ret-262-S, "Application to Purchase Service Credit for Military Service," and acceptable proof of military discharge (Form DD-214) to the Teachers' and State Employees' Retirement System for their review and approval. No credit is given without retirement system approval. The Benefit Program Administration Department has the application forms and can assist employees with this process.

The employee must possess at least the minimum education and experience requirements or their equivalent established in the class specification of the position to which reinstated. If reinstatement is from leave without pay, the employee is automatically qualified provided employment is in the same classification or in a lower class in the same field of work.

A reinstatement may be made effective on any scheduled work day in the pay period.