Common use of Return from Layoff Clause in Contracts

Return from Layoff. The City shall, prior to hiring any new personnel, recall individuals laid off. Such recall will be made by the mailing of a certified letter, return receipt requested, to the last known address of the subject. Recall will be made on the basis of seniority. Individuals demoted due to reductions in personnel will be allowed the first available opening in their previously held rank. The City may require the successful completion of a physical examination by a City doctor prior to reinstatement following a layoff in excess of twelve (12) months. The "12 months" standard for physical fitness will be the same as would have been applied in making a termination/retention determination had the layoff not occurred. If the City refuses such reinstatement, the employee may at their own expense have a physical examination by a doctor of their own choice. The City will consider the report of such examination. If the City still declines to reinstate the employee, the City's doctor and the doctor selected by the employee shall select a third doctor to examine the employee. The decision of a majority of the three doctors shall be final and binding on the question of whether the employee is capable of performing the duties of their classification. The City and the employee shall share the cost of such arbitration equally. Recall rights shall expire three (3) years after the date of layoff. An employee who fails to respond to a recall, given at least thirty (30) days’ notice by the City, shall forfeit any recall rights.

Return from Layoff. The City shall, prior to hiring any new personnel, recall individuals laid off. Such recall will be made by the mailing of a certified letter, return receipt requested, to the last known address of the subject. Recall will be made on the basis of seniority. Individuals demoted due to reductions in personnel will be allowed the first available opening in their previously held rank. The City may require the successful completion of a physical examination by a City doctor prior to reinstatement following a layoff in excess of twelve (12) months. The "12 months" standard for physical fitness will be the same as would have been applied in making a termination/retention determination had the layoff not occurred. If the City refuses such reinstatement, the employee may at their his/her own expense have a physical examination by a doctor of their his/her own choice. The City will consider the report of such examination. If the City still declines to reinstate the employee, the City's doctor and the doctor selected by the employee shall select a third doctor to examine the employee. The decision of a majority of the three doctors shall be final and binding on the question of whether the employee is capable of performing the duties of their his/her classification. The City and the employee shall share the cost of such arbitration equally. Recall rights shall expire three (3) years after the date of layoff. An employee who fails to respond to a recall, given at least thirty (30) days’ notice by the City, shall forfeit any recall rights.