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REHIRE-reinstatement
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Would anyone be willing to share their re-hire policy?
Specifically, I am looking for:
1. How long can an employee be gone before you consider them a new hire vs. reinstatement?
2. Do you re
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REHIRE-reinstatement
posted at 5/27/2010 9:47 AM EDT
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Posts: 51
First: 3/30/2005
Last: 5/27/2010
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Would anyone be willing to share their re-hire policy?
Specifically, I am looking for:
1. How long can an employee be gone before you consider them a new hire vs. reinstatement?
2. Do you resume their seniority or does it start all over again?
Thanks.
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REHIRE-reinstatement
posted at 5/27/2010 9:51 AM EDT
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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This would be considered company policy absent a collective bargaining unit/contract. There are no federal laws, and probably no state laws that cover rehire.
However, what you really need to do is to look into EACH benefit plan that you have (medical, dental, pension, 401k, etc) to see what the plan documents state. And YES they could each be different as to rehire/break in service policies.
If you want to use some tax benefits from say COBRA ARRA or the HIRE Act, you would also need to look at specifics on those.
Unfortunately there is NO one size fits all answer to your query.
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REHIRE-reinstatement
posted at 5/27/2010 9:55 AM EDT
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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Oh, and our policy is that you are always reinstated at the current benefits level that takes into account all your SERVICE in any of our divisions. Another example is that we use all service to calculate how much vacation/sick time is applicable.
That doesn't however always mean "seniority" as the position might be at a different level...especially if we hired someone to replace the person.
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REHIRE-reinstatement
posted at 5/27/2010 9:57 AM EDT
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Posts: 51
First: 3/30/2005
Last: 5/27/2010
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Basically we have a reinstatement policy of 90 days or less to rehire an ex-EE with all the benefits.
It appears many companies "out there" have a more generous reinstatement policy that goes all the way to one year. Just trying to confirm that assessment. Thanks
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REHIRE-reinstatement
posted at 5/28/2010 7:29 AM EDT
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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Just be careful that your 90 day reinstatement policy doesn't go against your benefit plans (for example, if the employee was eligible for your 401k after 1 year of service and they worked 1+ years prior, it is very possible that they would have immediate or next entry date reinstatement because the prior service would be counted).
And things like FMLA take into account all service, not just consecutive service.
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