§ 21-5-212 - Rehired or transferred employees. - Arkansas Statutes

21-5-212. Rehired or transferred employees.

(a) When an employee who has been terminated for more than thirty (30) working days returns to state service, the rate of pay for which the rehired employee is eligible shall be established from the last position and shall be calculated as follows:

(1) (A) If returning to the same classification or to the same grade as previously occupied, the employee may return at the same rate of pay within the grade for the classification to which he or she is returning that does not exceed the salary the employee previously earned.

(B) If that salary falls below the lowest entry salary level of the grade or classification, the salary may be adjusted to the lowest entry salary level;

(2) (A) If the employee returns to a different classification of a different grade, the employee's salary will be determined by fixing the salary of the former grade within the grade of the new classification on the appropriate current authorized pay plan.

(B) If the rate of pay falls below the lowest entry salary level of the grade, the salary may be adjusted to the lowest entry salary of the grade;

(3) If a former or transferring employee was previously employed in a position in which a specific line item maximum annual salary was set out in dollars in an appropriation act, the rate of pay for which the employee is eligible may be fixed at a rate within the grade on the appropriate current authorized pay plan for the classification to which he or she is returning or transferring that does not exceed the salary he or she previously earned, and that does not exceed the maximum pay level of the grade, unless the employee qualified for the career pay level on the career service pay plan; and

(4) A former state employee may return as a new employee should this section provide a lower salary than he or she could otherwise receive upon entering state service.

(b) Upon transfer of employment from one (1) agency or institution to another, an employee is to receive a lump-sum payment from the original agency or institution for any overtime that has been accrued and not been paid and for any compensatory time accrued that has not been used at the higher rate of either the:

(1) Average regular rate of pay received by an employee during the last three (3) years of his or her employment; or

(2) Final regular rate of pay received by an employee.

(c) A process to review positions vacated by employees retiring under any state retirement system shall be developed and implemented by the Office of Personnel Management after review of the Personnel Committee of the Legislative Council.