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FY 2025 Special Section 5333 (b ) Warranty <br /> ( 7 ) ( d ) The dismissal allowance shall be paid to the regularly assigned incumbent of the <br /> position abolished . If the position of an employee is abolished when the employee is absent <br /> from service, the employee will be entitled to the dismissal allowance when the employee is <br /> available for service . The employee temporarily filling said position at the time it was <br /> abolished will be given a dismissal allowance on the basis of that position , until the regular <br /> employee is available for service, and thereafter shall revert to the employee' s previous <br /> status and will be given the protections of the agreement in said position , if any are due <br /> him/ her . <br /> ( 7 ) ( e ) An employee receiving a dismissal allowance shall be subject to call to return to <br /> service by the employee ' s former employer; notification shall be in accordance with the <br /> terms of the then - existing collective bargaining agreement if the employee is represented by <br /> a union . Prior to such call to return to work by his/her employer, the employee may be <br /> required by the Recipient to accept reasonably comparable employment for which the <br /> employee is physically and mentally qualified , or for which the employee can become <br /> qualified after a reasonable training or retraining period , provided it does not require a <br /> change in residence or infringe upon the employment rights of other employees under then ~ <br /> existing collective bargaining agreements . <br /> ( 7 ) (f) When an employee who is receiving a dismissal allowance again commences <br /> employment in accordance with subparagraph ( e ) above , said allowance shall cease while <br /> the employee is so reemployed , and the period of time during which the employee is so <br /> reemployed shall be deducted from the total period for which the employee is entitled to <br /> receive a dismissal allowance . During the time of such reemployment, the employee shall be <br /> entitled to the protections of this arrangement to the extent they are applicable . <br /> ( 7 ) ( g ) The dismissal allowance of any employee who is otherwise employed shall be reduced <br /> to the extent that the employee ' s combined monthly earnings from such other employment <br /> or self-employment, any benefits received from any unemployment insurance law, and <br /> his/her dismissal allowance exceed the amount upon which the employee ' s dismissal <br /> allowance is based . Such employee, or his/her union representative, and the Recipient shall <br /> agree upon a procedure by which the Recipient shall be kept currently informed of the <br /> earnings of such employee in employment other than with the employee' s former employer, <br /> including self- employment, and the benefits received . <br /> ( 7 ) ( h ) The dismissal allowance shall cease prior to the expiration of the protective period in <br /> the event of the failure of the employee without good cause to return to service in <br /> accordance with the applicable labor agreement, or to accept employment as provided <br /> under subparagraph ( e ) above , or in the event of the employee' s resignation , death , <br /> retirement, or dismissal for cause in accordance with any labor agreement applicable to <br /> his/ her employment . <br /> ( 7 ) ( i ) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse <br /> other reasonably comparable employment offered him /her for which the employee is <br /> 7 <br /> NCDOT4MD <br /> March S . 2024 <br />