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​Reinstatement Privileges Frequently Asked Questions

 

This page has responses to questions regarding reinstatement privileges. Please click on the question to view the response.

Reinstatement privileges allow you to be placed in a position within your former classification, or in a position of like status and pay, up to the highest pay grade in which you achieved merit status. Reinstatement is a privilege, not a right. Therefore, reinstatement occurs only at the option of the appointing authority of the appointing agency.  KRS 18A.005(34).

You acquire reinstatement privileges when you resign in good standing from a merit position in which you attained status. However, you do not acquire reinstatement privileges if you retire, resign with prejudice, or are dismissed for cause from your position in the classified or unclassified service.  KRS 18A.005(34).

You must meet the current minimum requirements for the job classification to which you wish to be reinstated. Further, you must have held status at the same pay grade level as this job classification.

You must be proactive and contact the appointing agency to make them aware of your desire to be considered for reinstatement. Reinstatement actions are not register actions. However, competitive candidates from a register can be reinstated. Therefore, you should always continue to apply for positions as a competitive candidate as well.

No. As stated above, reinstatement occurs at the option of the appointing authority. As  a result, you are not entitled to any preference in the appointment process. KRS 18A.005(34). When an agency wishes to utilize reinstatement as the means to fill a position, the agency initiates a reinstatement certificate and forwards it to the Personnel Cabinet. The Personnel Cabinet will complete the reinstatement certificate and notify the requesting agency once it is approved.

No. Decisions regarding salary are made at the option of the appointing authority. As a result, you are not necessarily entitled to the salary you earned when you resigned from your previous merit position. KRS 18A.005(34) and 101 KAR 2:034 Section 2

Reinstatement privileges last for life.  However, once you are reinstated, you cannot use your reinstatement privileges again unless you attain merit status in another position. This means that if you are reinstated to a merit position and resign before completion of your probationary period, then you will lose your reinstatement privileges. Also, you will forfeit your reinstatement privileges if you are separated at any time from your position in bad standing.

You will not have to serve an initial probationary period if you are reinstated within twelve (12) months after your resignation in good standing. You will have to serve an initial probationary period if you are reinstated later than twelve (12) months after your resignation. 101 KAR 1:325 Section 3

If you are reinstated, you shall be credited with any unused sick leave that accrued prior to your resignation. 101 KAR 2:102 Section 2(1)(i).