Fla. Admin. Code Ann. R. 55A-7.0111 - Reinstatement or Reemployment; Promotion Preference

(1) When an employee leaves employment of the state or its political subdivisions for the purpose of serving in the Armed Forces of the United States, Reserve Component of the United States Armed Forces or The Florida National Guard, and is separated therefrom with an honorable discharge, the state or its political subdivision shall reinstate or reemploy such person under the following conditions:

(a) Reinstatement or reemployment is made to the same position as the position held before such service in the armed forces or to an equivalent position.

(b) Reinstatement or reemployment is made within (one) 1 year of the date of separation from the military service, or, in the case of extended active duty for a required military purpose other than for receiving training, within (one) 1 year of the date of discharge or separation subsequent to the extension.

(2) Persons reinstated or reemployed under this rule shall be awarded preference in promotion, and shall be promoted ahead of all other employees who are equally or less qualified for the position, if their service was full-time/active duty status for at least 90 consecutive days, or less, if discharged early while serving in a combat zone or due to medical reasons. When a numerically based selection process is used, such persons shall be eligible for and receive an award of preference points and ranking on the register as provided by Rule 55A-7.010, F.A.C., of this chapter, and the state and its political subdivisions may also waive a postsecondary educational requirement in accordance with Rule 55A-7.007, F.A.C., and promote the reservist or veteran ahead of all those who appear in an equal or lesser position on the promotional register, provided that he or she first successfully passes the examination for the promotional position. When a numerically based selection process is not used, Rule 55A-7.011, F.A.C., applies. Eligibility for preference in promotion shall apply only to a veteran's first promotion after reinstatement or reemployment, without exception.

(3) If the reinstated or reemployed person is not promoted, the person retains promotion preference eligibility until the first promotion following reemployment is satisfied.

(4) Where the reinstated or reemployed person is not promoted and the register is vacated to establish a new register for the next promotion, such person shall retain eligibility for preference points and ranking on the new register as provided by Rule 55A-7.010, F.A.C.

Notes

Fla. Admin. Code Ann. R. 55A-7.0111

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08, 295.085, 295.09 FS.

New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, Amended by Florida Register Volume 42, Number 115, June 14, 2016 effective 6/27/2016, Amended by Florida Register Volume 45, Number 132, July 9, 2019 effective 7/21/2019, Amended by Florida Register Volume 48, Number 149, August 2, 2022 effective 8/17/2022.

New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, 6-27-16, 7-21-19, 8-17-22.