(1) An Employer shall offer each Laid-Off Employee any job position which becomes available for which the Laid-Off Employee is qualified. The offer shall be made in a manner in which the Employer typically customarily communicates with Employees, including e-mail, text message, other electronic communication, or postal mail, to the extent that such communication system permits Employees to confirm receipt of the offer and permits Employers to demonstrate that receipt has been confirmed.
(2) A Laid-Off Employee is qualified for a position if the Employee:
(a) held the same or similar position at the Covered Enterprise at the time of the Employee's most recent separation from active service with the Employer; or
(b) is qualified for the position with the same training by the Employer that would be provided to a new Employee hired into that position.
(3) The Employer shall offer positions to Laid-Off Employees who qualify under category (2)(a) of this Section and then to Employees who qualify under category (2)(b). Where more than one Employee is entitled to the offer of a position at the same time, the Employer shall offer the position to the Laid-Off Employee with the greatest length of service for the Employer.
(4) A Laid-Off Employee who is offered a position pursuant to this Chapter shall be given no less than 5 days from confirmed receipt of the offer in which to accept or decline the offer. An Employer may make simultaneous, conditional offers of employment to Laid-Off Employees, with final offer of employment conditioned on application of the priority system set forth in this Section. An Employee may accept an offer at any time before the end of the 5-day period. An employee, upon accepting an offer, will have 7 days from the expiration of the initial 5-day period to return, unless a different period is mutually agreed upon by the Employer and Employee. An Employee may also commence employment after this 12-day period if mutually agreed upon by the Employer and Employee.
(5) In the event that an Employer requires work to be fulfilled sooner than the period required by subsection 9-5302(4), the Employer may, before the period has elapsed, immediately fill a position with a Laid-Off Employee who accepts a conditional offer of employment, but shall comply with the priority system set forth in this Section for permanently filling the position once the period has elapsed, as further defined by regulation.
(6) An Employer that hires someone other than a Laid-Off Employee on the grounds of lack of qualifications shall provide the Laid-Off Employee a written notice within 30 days identifying those hired in lieu of such recall and providing the reasons for such decisions.
(7) A change in ownership of the Employer, a change in form of corporate organization, or a change in operating location since the time of Employee layoff shall not limit application of the requirements of this Chapter if:
(a) The ownership of the Employer changed, including through purchase of substantially all of the assets of the Employer, but the enterprise is conducting the same or similar operations as before January 31, 2020;
(b) The form of organization of the Employer changed after January 31, 2020; or
(c) The Employer relocates the operations at which a Laid-Off Employee was employed before January 31, 2020 to a different location within the City.