Considerations for Rehiring Laid-Off Employees

According to Judish, employers should keep in mind some considerations when it comes to temporary layoffs, including:

• Depending on the duration of the temporary layoff, the layoff may not count as an "employment loss" that can trigger federal WARN Act notice requirements or state mini-WARN requirements.
• Severance packages may be structured such that severance benefits cease if the individual is rehired.
• Some statutory benefits, employee policies, and/or collective bargaining agreements may preserve seniority rights or other benefits if an employee is rehired after a temporary layoff.

"If a temporary layoff is unavoidable, the employer should handle the layoff with clear communication, attempt to ease the impact on affected employees with separation packages, and, if possible, develop incentives for employees to return when their jobs reopen," Judish said.

Additionally, former employees may have unique rights stemming from their previous employee benefits. 

For example, in Washington. D.C, employees who are rehired within 12 months of being laid off are entitled to have their accrued statutory sick leave time restored, according to Judish.

"Also, employees who have worked for their employer for 1,250 hours in the prior 12-month period and who have been employed by that employer for 12 months may be eligible for leave under the federal Family and Medical Leave Act, even if the 12 months of employment are not consecutive," she added.

 Read the full story here.