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Rehire - regain status?
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Rehire - regain status?
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California - We have an employee who was laid off less than 4 months ago due to economic hardship of the company. The boss now wants to rehire her and we are trying to figure out how to handle her sta
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Rehire - regain status?
posted at 1/25/2010 10:47 AM EST
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Posts: 20
First: 3/26/2001
Last: 1/25/2010
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California - We have an employee who was laid off less than 4 months ago due to economic hardship of the company. The boss now wants to rehire her and we are trying to figure out how to handle her status in regard to seniority, vacation, etc. Is an employee in this situation usually treated as a new employee starting all over or is it usual for them to keep their prior status and benefit eligibility?
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Rehire - regain status?
posted at 1/25/2010 11:43 AM EST
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Posts: 562
First: 11/12/2009
Last: 9/14/2011
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I'm assuming that you have no policy which covers this situation.
I think the fair thing to do in a situation like this, and especially since the employee didn't leave on her own choice, is to simply reset her benefits accrual/eligibility dates to account for the 4 month absence. It's not fair to give her credit for the 4 months, but neither is it fair to start her over again on all benefits - especially those which are tenure bases such as vacation accrual rates.
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Rehire - regain status?
posted at 1/25/2010 4:10 PM EST
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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On your benefit plans, you need to check eligibility in the plan documents. Some health plans require the same waiting period. Some 401k plans define a "break in service" as a specific period of time and state specifically what to do if the period is less or more than the defined break.
For vacation/PTO/sick, it is up to the individual company and their policy. If you don't have one, now is a good time to consider it, especially if hiring picks up and you re-hire more ex-employees.
But I do agree that I would give credit for service and allow accruals to restart at the same rate they left at. But not have accruals during the break.
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Rehire - regain status?
posted at 1/25/2010 5:53 PM EST
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Posts: 20
First: 3/26/2001
Last: 1/25/2010
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Thanks so much. That's exactly what I thought would be the best thing to do. We don't have a policy in place, but will institute one now. I had already advised the owner to check with the health carrier before offering that. Thank you again.
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