Philadelphia Civil Service Regulations
15. RESIGNATION, REINSTATEMENT, RESTORATION AND RETIREMENT
15.01 - RESIGNATION.
15.011 - EMPLOYEE NOTICE OF. An employee wishing to leave the Civil Service in good standing shall file with the appointing authority, at least fifteen (15) days before leaving the service, a dated and signed written resignation stating the effective date of resignation and reasons for leaving. The appointing authority shall immediately forward the resignation to the Director with a report on the employee's service performance and pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The appointing authority shall immediately report to the Director the resignation of any employee who fails to give notice.
15.012 - PRE-DATED NOTICES. No person about to be appointed to any position in the Civil Service shall in advance of or at the time of such appointment sign or execute a resignation dated or undated. No written resignation shall be made or shall be valid unless it bears the date of the resignation, the date when it shall become effective and the signature of the person resigning, which dates shall be in his/her own handwriting.
15.013 - PROMOTIONS, TRANSFER, DEMOTION AND EQUIVALENT POSITION CHANGE. No employee shall be required or be permitted to sign any document containing language indicating his/her resignation from City employment as a condition of promotion, transfer, equivalent position change or demotion to another position.
15.02 - INVOLUNTARY RESIGNATION. Any person who resigns from the Civil Service may ask the Commission, in writing, within thirty (30) days after the effective date of such resignation, for a public hearing, stating his/her reasons. If on investigation there appears to be satisfactory evidence that the employee has been forced to resign against his/her will and without just cause, or that his or her separation from the service has been involuntary and without just cause, the Commission shall grant him/her a public hearing as hereinafter provided in the case of removal or demotion, and shall treat the separation as though it were a removal.
15.03 - REINSTATEMENT.
15.031 - REINSTATEMENT FOLLOWING RESIGNATION. An employee who has resigned in good standing may be reinstated within one year to any position in the City service in the same class, in a comparable class, or in a lower class in the same or comparable series of classes having substantially the same qualification requirements, skills or aptitudes if such reinstatement is approved by the Director and by the appointing authority of the department in which the reinstatement is to be made. All employees reinstated following resignation must serve a new probationary period of six (6) months.
15.032 - REINSTATEMENT FOLLOWING RETIREMENT. A disabled employee retired from the City service in accordance with the provisions of the City Pension Ordinance (Bill 907) and who subsequently, under the provisions of Section 208 of said Ordinance, is determined to be able to resume employment:
- shall, if the disability was service-connected, be reinstated, if physically capable, to his/her former or an equivalent position, with accrued seniority, in the department from which he or she retired. If not physically capable of resuming the duties of his/her former or an equivalent position, he or she shall be given employment compatible with his/her disability. Reinstatement under this section shall not serve to add to or deny the employee any benefits to which he or she may have been entitled under Regulation 32, or
- may, if the disability was non-service connected, be reinstated to a position in the City service, compatible with his/her disability.
15.033 - REINSTATEMENT TO FORMER POSITION FOLLOWING INVOLUNTARY DEMOTION. An appointing authority may, with the approval of the Director, reinstate an employee to his former position following an involuntary demotion, providing the employee had permanent status in the former position and providing that such reinstatement occurs within two years of the demotion. Reinstated employees will be required to undergo a probationary period as required by Section 14 of these Regulations. However, no such reinstatement may be made until the appointing authority has considered all persons whose names appear on promotional eligible lists for that class. The provisions of this Regulation shall be retroactive to July 1, 1974.
15.034 - REINSTATEMENT TO CITY SERVICE OF EMPLOYEES SEPARATED TO WORKERS' COMPENSATION. At any time following separation from City service and while receiving Workers' Compensation for such service, an employee may be offered employment in lieu of Workers' Compensation and shall be eligible for reinstatement to a position in the City service which is compatible to the employee's disability.
15.04 - RESTORATION.
15.041 - RESTORATION FOLLOWING TERMINATION OF PROVISIONAL APPOINTMENT. An employee with permanent Civil Service status in a class who has vacated a position in that class to accept another position on the same level or in a higher class, in the same department, under provisional appointment shall, if he so desires, at the termination of such appointment, be restored to a position in the same department in his former class. An employee with permanent Civil Service status in a class who has vacated a position in that class to accept another position on the same level or in a higher class, in a different department, under provisional appointment, may, at the termination of such appointment, with the approval of the appointing authority of the department in which he had permanent Civil Service status, be restored to a position in that department in his former class, provided however, that if such employee is not restored to a position, his name shall be placed on the appropriate layoff list.
15.042 - RESTORATION FOLLOWING REJECTION DURING PROBATIONARY PERIOD. An employee with permanent Civil Service status in a class, who vacates a position in that class to accept appointment from an eligible list and is rejected during the probationary period in that position, shall have the right to be restored to a position in the class and department in which he/she had status. If an employee refuses such restoration, he/she shall be separated from City service following rejection. An employee so separated shall not have a right to placement on a layoff list.
15.042-1 - Notwithstanding the above, an employee in the class of Police Officer Recruit who does not pass probation as a Police Officer, will be terminated without any reinstatement rights to Police Officer Recruit.
15.042-2 - Notwithstanding the above, an employee in the class of Youth Detention Counselor Trainee who does not pass probation as a Youth Detention Counselor I, will be terminated without any reinstatement rights to Youth Detention Counselor Trainee.
15.042-3 - Notwithstanding the above, an employee in the class of Social Work Intern who does not pass probation as a Social Worker Trainee does not have any reinstatement rights to the class of Social Work Intern. The employee has the right to be restored to a position in the Department of Human Services in the class in which he/she had status immediately prior to promotion to the class of Social Work Intern.
15.043 - RESTORATION (VOLUNTARY) DURING THE PROBATIONARY PERIOD. An employee appointed from an eligible list may, during the probationary period, upon his/her request and with the approval of the appointing authority of the former position, be restored to his/her former position in the class in which he/she had status or its equivalent. The appointing authority of the probationary position may, depending upon the circumstances justifying the voluntary restoration, recommend that the name of the restored probationer be either removed from or restored to the eligible list. The name of the probationer will not be restored to a continuous or periodic list if his or her name already appears on the eligible list as a result of applying and passing the exam again for the same continuous or periodic list in accordance with Regulation 9.121.
END OF REGULATION 15.