§ 19A-3. Right of recall.

(a) In general.

An employer shall make an offer to a laid-off employee for any position which is or becomes available for which the laid-off employee is qualified as described in subsection (b) of this section.

(b) Implementation.

(1) In general.

A laid-off employee is qualified and must be offered a position with the employer under this section if the laid-off employee:

(i) held the same or similar position at the same site of employment at the time of the laid-off employee's most recent separation from active service with the employer; or

(ii) has prior experience within the position or has the same skills required by the position and would not require additional training.

(2) Priority.

If more than 1 laid-off employee is entitled to preference for a position, the employer shall:

(i) first offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(i) of this subsection; and

(ii) then offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(ii) of this subsection.

(3) Multiple offers.

An employer may make simultaneous, conditional offers of employment to multiple laid-off employees, with any final offers of employment conditioned on application of the priority set forth in subsection (b)(2) of this subtitle.

(4) Acceptance of offer.

A laid-off employee who is offered a position under this section shall be given at least 5 business days in which to accept or decline the final offer.