§ 32–111.02. Right to reinstatement.

(a)(1) Beginning February 1, 2021, as positions become available with the contractor or in the employer's operation at a covered establishment, the contractor or employer shall offer each eligible employee reinstatement to the employee's previous position or to a position performing the same or substantially similar duties, and that requires essentially the same skills, as those performed by the eligible employee before the eligible employee ceased working for the contractor or at the covered establishment.

(2)(A) A contractor or an employer shall make the offer of reinstatement in writing, to the employee's last known address by registered mail, or by email, text, or other method that is documented and retained.

(B) If the offer of reinstatement is made by email, text, or other same-day delivery, a contractor or employer shall give a deadline that is no less than 3 calendar days from the date the offer of reinstatement is sent for an eligible employee to accept or decline the offer.

(C) If the offer of reinstatement is made by registered mail, non-registered mail, or some other method that does not provide for a same-day delivery, a contractor or employer shall give a deadline that is no less than 3 calendar days from the date the offer of reinstatement is received for an eligible employee to accept or decline the offer.

(D) If the eligible employee accepts the offer of reinstatement, the eligible employee shall report to work no later than 7 days, or later if requested by the employer, from the date the offer of reinstatement is received.

(3) If more than one eligible employee is entitled to reinstatement to a particular position, the contractor or employer may make simultaneous, conditional offers of reinstatement to eligible employees for the same position; provided, that the contractor or employer makes offers of reinstatement based on seniority within job classifications, unless the employer is offering reinstatement to positions at a restaurant, tavern, brew pub, nightclub, or club.

(4) A contractor or employer shall not hire a new employee for a position until all eligible employees have either not responded to an offer of reinstatement by the deadline indicated in the offer or have declined the offer of reinstatement.