Think twice before resigning. The Human Resources Division has interpreted G.L. c. 31 § 46 to prevent civil service police officers and firefighters from getting reinstated if there is an active eligible list, no matter how long the employee has been separated from service. The law provides as follows: “no such request shall be approved if the person whose reinstatement is sought has been separated from such position for over five years and there is a suitable eligible list containing the names of two or more persons available for appointment or promotion to such position.”
HRD has been interpreting this provision to block reinstatement even when someone has been separated for less than 5 years. There are currently at least 2 cases pending at the Civil Service Commission where this is an issue. More information to follow as it becomes available.