California Department of Mental Health

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SROA - Reemployment

On this page, we will discuss reemployment, which is the process by which any employee who has been laid off or demoted-in-lieu of layoff can gain reinstatement to his/her former classification or equivalent level of employment.

Establishment of Reemployment Lists:

A reemployment list is a means by which employees who are laid off or who demote-in-lieu of layoff may be reemployed within state service. If you are laid off, demoted, or involuntarily transferred, your employer will put your name on a reemployment list, which entitles you to return to your former job classification/location if there is an opening. Employees appear in seniority order based on total state service on all reemployment lists and may remain on a reemployment list for up to five years.
There are three types of reemployment lists:

General:

A statewide list established for the reemployment of all persons in a class who have been laid off or demoted-in-lieu of layoff from any state department. General reemployment lists are used under the “rule of three,” i.e.: the appointing power has the choice of the three employees on the list with the highest seniority.

Departmental:

For example, a department-specific class, such as an Associate Mental Health Specialist, would appear on a departmental reemployment list and not a general reemployment list.

Subdivisional:

A list established for the reemployment of persons who have been laid off or demoted-in-lieu of layoff from a particular class within a particular subdivision of the department, i.e.: a district or branch.


Reemployment lists take priority over SROA lists and must be used ahead of any other open or promotional civil service lists for the particular classification in the following order: 1) Subdivisional 2) Departmental 3) General. Reemployment list eligibility for employees is five years unless the State Personnel Board (SPB) grants an extension.

Other appointment eligibility:

Under Government Code section 18950 and SPB Rule 235.2, employees whose names appear on reemployment lists retain the same eligibility to take promotional civil service exams than they had prior to layoff. Employees who are laid off retain their current eligibility on any employment list until the list expires.

Additionally, under Government Code Section 19140, employees who are laid off retain indefinite statewide permissive reinstatement eligibility to their former classification or to any other classification at substantially the same or lower salary to which they could have transferred or demoted prior to layoff.

Sick Leave:

Sick leave credit is not cashed out. Employees separated by layoff and subsequently reemployed within the life of the reemployment list (typically 5 years) shall have their sick leave earned prior to layoff restored to them. 

State Service:

In addition, upon reemployment, their prior State service shall be counted for the purposes of calculating the accrual rate for vacation.