Sec. 41. (a) As used in this section, “state seniority” means the length of an employee’s unbroken, continuous state employment.

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Terms Used In Indiana Code 4-15-2.2-41

  • appointing authority: means the head of a department, division, board, or commission, or an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments to positions in the state civil service. See Indiana Code 4-15-2.2-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • state civil service: means public service by individuals who are subject to this chapter. See Indiana Code 4-15-2.2-10
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (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.

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