Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Are Elected Officials Entitled to Their Old Jobs Back When Their Terms End?

Posted in Laws and Regulations

A few weeks ago, I pointed out an old employment law prohibiting minors from operating elevators was still on the books.  The Connecticut Law Tribune picked up on the story with a reference to the blog (though its hidden behind a paid registration page so you’ll have to take my word on it).  So are there other employment laws out there that may have seen better days?

Of course. 

Let me pose a scenario first.  Suppose you work for a mid-size employer in the state and decide to run for a local or state office.  Perhaps against the public’s better judgment, you even win a full-time elected position — for two terms.  But then – after eight years in office — you decide to leave office. 

Can you get your job back with your prior employer? Well, under state law, the answer is likely yes.

And you can get credit for your time in office.

Sounds a little absurd right?  After all, new parents who leave the workforce for years to raise their kids don’t get this protection, nor do people who suffer from long-term illnesses who have to leave their jobs for some years. 

But, it’s all there in black and white. Indeed, in Conn. Gen. Stat. 31-51l, any person employed by a private employer of 25 or more people who leaves such employment to accept a full-time elective municipal or state office must be granted a personal leave of absence for two consecutive terms.

Upon reapplication to the employer, the employer must then reinstate that employee to his or her original position or a similar position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits. 

There is one exception to the general rule. If the employer’s circumstances have changed as to make it impossible or unreasonable to do so, the employer is not required to do so. But how often is it "impossible" for an employer to rehire an employee to at least a similar position?

I’ll leave it to others to debate the legislative history behind this, but I think most of the workforce would love to have this deal. However, the only group that benefits from this are elected officials, and it’s not like they need a lot of protection.  (Before you start berating our current legislators for preserving their own interests, remember that they are part-time legislators so this statute does not apply to most of them.) 

Certainly, we want to encourage public service, but it’s not like we have a shortage of people running for full-time elected office.  In other words, is there really a problem that needs a fix like this statute?  Moreover, why should employers bear the burden when a person seeks elected office for their own personal growth?  And why should an employer have to rehire someone who may no longer have the skills necessary for the position or whose actions while in office lead the company to believe that it does not want to be associated with that person?

Ultimately, this statute is a trap and bad deal for the unwary private employer and boon to elected officials.  The solution: Eliminate the law and let elected officials seek jobs like the rest of the workforce. 

Is this likely to happen? Probably not.  The law has been on the books for nearly 35 years.  I can’t imagine a lobbyist who is going to advocate eliminating this law.  But this is another law that has had its time and if someone wanted to clean up employment laws on the books, this is another one to add to the list.

  • http://www.pointoflaw.com/archives/004551.php PointOfLaw Forum

    Connecticut Employment Law Blog

    This relatively new blog has at least three recent posts of interest, right off the bat: * A not very well known Connecticut law provides that privately employed persons who quit to assume elected public office must be taken back…