Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 40 (2026)

Reemployment list

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Section 40. If a permanent employee shall become separated from his position because of lack of work or lack of money or abolition of his position, his name shall be placed by the administrator on a reemployment list, or if a permanent employee resigns for reasons of illness his name shall be placed on such list upon his request made in writing to the administrator within two years from the date of such resignation.

The names of persons shall be set forth on the reemployment list in the order of their seniority, so that the names of persons senior in length of service at the time of their separation from employment, computed in accordance with section thirty-three, shall be highest. The name of a person placed on such reemployment list shall remain thereon until such person is appointed as a permanent employee after certification from such list or is reinstated, but in no event for more than two years. The administrator, upon receipt of a requisition, shall certify names from such reemployment list prior to certifying names from any other list or register if, in his judgment, he determines that the position which is the subject of the requisition may be filled from such reemployment list.

If the position of a permanent employee is abolished as the result of the transfer of the functions of such position to another department, division, board or commission, such employee may elect to have his name placed on the reemployment list or to be transferred, subject to the approval of the administrator, to a similar position in such department, division, board or commission without loss of seniority, retirement or other rights, notwithstanding the provisions of section thirty-three.

Notes of Decisions

Cited in 5 cases, 1922–2015 · leading case: Pugsley v. Police Dep't of Boston, 34 N.E.3d 1235 (Mass. 2015).

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Pugsley v. Police Dep't of Boston, 34 N.E.3d 1235 (Mass. 2015). “3 Pursuant to G. L. c. 31, § 40, a permanent employee who becomes “separated from his position because of lack of work or money, or the abolition of his position,” may be placed on a “reemployment list” in order of seniority.”

Ashton v. Wolstenholme, 137 N.E. 376 (Mass. 1922). “In the case at bar the jury could find that the plaintiff was illegally lowered in rank from Grade C, and that the defendant, although notified and requested to restore the plaintiff to his proper grade, refused to do this until required by the writ of mandamus.”

Goncalves v. City of Boston, 845 N.E.2d 1201 (Mass. App. Ct. 2006). “31, § 26) or permanent employees who were separated from their position because of lack of work or funding (G. L. c. 31, § 40), do not apply to the plaintiffs.”

Karen Ahern-Stalcup v. Civil Serv. Comm'n, 944 N.E.2d 1087 (Mass. App. Ct. 2011). · cites it 12× “After the city of Boston (city) rejected their transfer requests, they appealed to the Civil Service Commission (commission), claiming that G. L. c. 31, § 40, inserted by St. 1978, c.”

Guzman v. Town of Framingham, 31 Mass. L. Rptr. 89 (Mass. Super. Ct. 2013). “See G.L.c. 31, §40. On January 4, 2010, the Town of Framingham selected Guzman’s name from the Reemployment List, and appointed him as a police officer.”

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