Eligibility for Rehire Policy
Policy Statement
Supervisors are responsible for determining whether a staff member is eligible for rehire each time the staff member terminates employment, whether voluntarily or involuntarily, and if any conditions exist that would affect the rehire eligibility process. Staff who leave Duke in good standing (break in service from a regular position due to resignation, layoff or, in some cases, discharge) and later want to return are eligible for consideration for rehire. Previous staff who are rehired will not be given credit for prior service for purposes of continuous service date, paid time off (including PTO, vacation, and sick leave) or eligibility and other pertinent benefits - unless they have left Duke in the last 12 months through layoff status or research staff on active payroll.
Policy Details
Consultation before Determining Not Eligible for Rehire or Not Recommended for Rehire
Supervisors must confer with the entity/department Human Resources representative and a Staff and Labor Relations representative before determining a "Not Eligible for Rehire" or a "Not Recommended for Rehire" decision. Once agreement has been reached the supervisor must document and share the decision with the staff member.
Verification of Rehire Status
Human Resources will verify eligibility for rehire before activating the application. The hiring supervisor will be advised of the former staff member’s eligibility for rehire and the requirement to check references, including contacting the previous Duke supervisor before extending an offer of rehire.
The tables below provide examples of reasons for leaving Duke and a corresponding classification of eligible for rehire, not recommended for rehire and not eligible for rehire. These reasons are not all inclusive.
| Reason for Leaving Duke | Eligible for Rehire |
|---|---|
| Voluntary Resignation | Eligible |
| Retirement | Eligible |
| Faculty Appointment Ends | Eligible |
| Staff Assignment Ends | Eligible |
| Orientation and Evaluation Period termination: depending on circumstances | Eligible |
| End of Non-Comp Award | Eligible |
| Loss of required credential for performance or behavior | Eligible for Rehire once credentials have been reestablished |
| Attendance Violation | Not Recommended |
| Poor Performance | Not Recommended |
| Sleeping on the Job: No Patient Care | Not Recommended |
| Unsafe Work Practices | Not Recommended |
| Job Abandonment (quit without notice) or ongoing documented attendance issues that have been addressed through the corrective action process to include termination | Not Recommended |
| Orientation and Evaluation Period termination: depending on circumstances | Not Recommended |
| Resignation – in lieu of discharge | Not Recommended |
| Inappropriate Behavior | Ineligible |
| Felony Conviction | Ineligible |
| Failure of a test for controlled substances administered during the hiring or transfer process | Ineligible for One Year |
| Negotiated Settlement | Ineligible |
| Falsification of credentials or application information | Ineligible |
| Theft | Ineligible |
| Sleeping on the Job: Patient Care | Ineligible |
| Weapons Possession | Ineligible |
| Acts of Workplace Violence | Ineligible |
| Loss of a required credential for criminal conviction | Ineligible |
| Breach of Confidentiality | Ineligible |
| Commission of Crime | Ineligible |
For more information on "eligible for rehire," please refer to the Standards of Conduct and Performance topic in the Workplace Expectations and Guidelines section of the policy manual.
Definitions
Eligible for Rehire: Staff who leave Duke in good standing are eligible for rehire at Duke.
Not Recommended for Rehire: Staff who have been terminated for reasons other than serious conduct or behavior violations will be eligible to seek Duke employment after having demonstrated acceptable work performance during the gap of separation.
Not Eligible for Rehire: Staff terminated for serious conduct or behavior violations are not eligible for rehire in any type of Duke employment.
Continuous Service Date: The Continuous Service Date is the most recent date of hire. Credit for prior service will be granted only when a staff member returns to employment from layoff status within 12 months of departure or research staff on active payroll.
Policy Number: 02.03
Recruitment, Hiring, & Transferring Policy