1. A. State Personnel and Pensions Article, §§2-601, 2-701—2-707, 7-208, 7-402, 7-701, 11-109, 11-208, and 11-304, Annotated Code of Maryland, and the regulations in this chapter, govern reinstatement.
2. B. An employee may be reinstated to a position only if the employee is qualified for the vacant position according to the selection plan for the position and, in the case of resignation, the employee resigned in good standing.

3. C. With the exception of an employee under special appointment, the following is the order of reinstatement priority for an employee in the skilled and the professional services:

   1. (1) A returning veteran or reservist entitled to reinstatement under State Personnel and Pensions Article, Title 2, Subtitle 7, Annotated Code of Maryland;
   2. (2) An individual who has been laid off or whose position has been abolished;

   3. (3) The following candidates, without priority, along with other eligible candidates:

      1. (a) An individual who has resigned, and
      2. (b) A current employee seeking a return to a position in a classification previously held.
4. D. An employee granted a leave of absence without pay, other than for illness, for more than 30 days who is ready to return to employment shall be reinstated if there is a vacancy in the class in the appointing authority's unit.

Authority: State Personnel and Pensions Article, §§2-801, 4-106 and Title 11, Annotated Code of Maryland

Effective date:

Regulations .01—.06 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)

For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.

Regulation .04 amended effective December 24, 2012 (39:25 Md. R. 1615)