{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2812.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2812.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2812.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2812.html"}],"law_id":73283,"edition_id":1,"section_id":73283,"structure_id":14612,"section_number":"2.2-2812","catch_line":"Employment of personnel","history":"1984, c. 744, \u00a7 2.1-20.01; 1997, c. 31; 2001, c. 844; 2011, c. 259.","full_text":"A\n\nNotwithstanding any other provision of law to the contrary, the agency administrator of each executive branch agency, except those that by law are appointed by their respective boards, shall employ the personnel necessary for the proper performance of all responsibilities of their agency subject to the Virginia Personnel Act (&#xA7; 2.2-2900 et seq.) and within the limits of appropriations made therefor by law.B\n\nNotwithstanding any other provision of law to the contrary, any employee of an agency in the executive branch of state government, who is (i) promoted within the same agency to a higher position classification and (ii) required to serve a period of time in a probationary status incident to such promotion, shall be offered to be returned to such employee&#8217;s previous classified position or an equivalent position for which a vacancy exists if, for any reason other than misconduct, the probationary period of employment is not satisfied or completed.","order_by":null,"text":{"0":{"id":263733,"text":"Notwithstanding any other provision of law to the contrary, the agency administrator of each executive branch agency, except those that by law are appointed by their respective boards, shall employ the personnel necessary for the proper performance of all responsibilities of their agency subject to the Virginia Personnel Act (&#xA7; 2.2-2900 et seq.) and within the limits of appropriations made therefor by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263734,"text":"Notwithstanding any other provision of law to the contrary, any employee of an agency in the executive branch of state government, who is (i) promoted within the same agency to a higher position classification and (ii) required to serve a period of time in a probationary status incident to such promotion, shall be offered to be returned to such employee&#8217;s previous classified position or an equivalent position for which a vacancy exists if, for any reason other than misconduct, the probationary period of employment is not satisfied or completed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14612,"edition_id":1,"name":"General Provisions","identifier":"28","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 03:48:55","permalink":{"id":175735,"object_type":"structure","relational_id":14612,"identifier":"28","token":"2.2\/I\/E\/28","url":"\/2.2\/I\/E\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},{"id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","metadata":false},{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},{"id":83200,"structure_id":14612,"section_number":"2.2-2803","catch_line":"Exception as to public officer or employee serving in the Selective Service System of the United States","url":"\/2.2-2803\/","token":"2.2\/I\/E\/28\/2.2-2803","metadata":false},{"id":86431,"structure_id":14612,"section_number":"2.2-2804","catch_line":"Selective Service compliance","url":"\/2.2-2804\/","token":"2.2\/I\/E\/28\/2.2-2804","metadata":false},{"id":69867,"structure_id":14612,"section_number":"2.2-2805","catch_line":"Members of armed forces; reserve forces","url":"\/2.2-2805\/","token":"2.2\/I\/E\/28\/2.2-2805","metadata":false},{"id":83533,"structure_id":14612,"section_number":"2.2-2806","catch_line":"Holding other office by officers of state institutions","url":"\/2.2-2806\/","token":"2.2\/I\/E\/28\/2.2-2806","metadata":false},{"id":74638,"structure_id":14612,"section_number":"2.2-2807","catch_line":"Prohibition against holding two elected offices simultaneously; exceptions","url":"\/2.2-2807\/","token":"2.2\/I\/E\/28\/2.2-2807","metadata":false},{"id":66395,"structure_id":14612,"section_number":"2.2-2808","catch_line":"Acts under color of office; contracts in violation of chapter","url":"\/2.2-2808\/","token":"2.2\/I\/E\/28\/2.2-2808","metadata":false},{"id":75253,"structure_id":14612,"section_number":"2.2-2809","catch_line":"Bonds of certain officers required; condition","url":"\/2.2-2809\/","token":"2.2\/I\/E\/28\/2.2-2809","metadata":false},{"id":69613,"structure_id":14612,"section_number":"2.2-2810","catch_line":"Premiums on such bonds","url":"\/2.2-2810\/","token":"2.2\/I\/E\/28\/2.2-2810","metadata":false},{"id":58498,"structure_id":14612,"section_number":"2.2-2811","catch_line":"Where bonds filed","url":"\/2.2-2811\/","token":"2.2\/I\/E\/28\/2.2-2811","metadata":false},{"id":73283,"structure_id":14612,"section_number":"2.2-2812","catch_line":"Employment of personnel","url":"\/2.2-2812\/","token":"2.2\/I\/E\/28\/2.2-2812","metadata":false},{"id":79679,"structure_id":14612,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","metadata":false},{"id":71377,"structure_id":14612,"section_number":"2.2-2813","catch_line":"Definitions; compensation and expense payments from state funds for service on collegial bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},{"id":72502,"structure_id":14612,"section_number":"2.2-2814","catch_line":"How salaries, expenses and other allowances paid; time of payment","url":"\/2.2-2814\/","token":"2.2\/I\/E\/28\/2.2-2814","metadata":false},{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},{"id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred","url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","metadata":false},{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},{"id":85515,"structure_id":14612,"section_number":"2.2-2817.1","catch_line":"State agencies to establish alternative work schedules; reporting requirement","url":"\/2.2-2817.1\/","token":"2.2\/I\/E\/28\/2.2-2817.1","metadata":false},{"id":61045,"structure_id":14612,"section_number":"2.2-2817.2","catch_line":"Employees of the University of Virginia Medical Center","url":"\/2.2-2817.2\/","token":"2.2\/I\/E\/28\/2.2-2817.2","metadata":false},{"id":68317,"structure_id":14612,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","url":"\/2.2-2818\/","token":"2.2\/I\/E\/28\/2.2-2818","metadata":false},{"id":80971,"structure_id":14612,"section_number":"2.2-2818.01","catch_line":"Employer contributions","url":"\/2.2-2818.01\/","token":"2.2\/I\/E\/28\/2.2-2818.01","metadata":false},{"id":76713,"structure_id":14612,"section_number":"2.2-2818.1","catch_line":"Supplemental health insurance coverage; state employees eligible for military health insurance coverage","url":"\/2.2-2818.1\/","token":"2.2\/I\/E\/28\/2.2-2818.1","metadata":false},{"id":64235,"structure_id":14612,"section_number":"2.2-2818.2","catch_line":"Application of mandates to the state employee health insurance plan","url":"\/2.2-2818.2\/","token":"2.2\/I\/E\/28\/2.2-2818.2","metadata":false},{"id":77915,"structure_id":14612,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","url":"\/2.2-2819\/","token":"2.2\/I\/E\/28\/2.2-2819","metadata":false},{"id":56145,"structure_id":14612,"section_number":"2.2-2820","catch_line":"Purchase of health insurance coverage by part-time state employees","url":"\/2.2-2820\/","token":"2.2\/I\/E\/28\/2.2-2820","metadata":false},{"id":83527,"structure_id":14612,"section_number":"2.2-2820.1","catch_line":"Repealed","url":"\/2.2-2820.1\/","token":"2.2\/I\/E\/28\/2.2-2820.1","metadata":false},{"id":76045,"structure_id":14612,"section_number":"2.2-2821","catch_line":"Workers' compensation insurance plan for state employees trust fund for payment of claims","url":"\/2.2-2821\/","token":"2.2\/I\/E\/28\/2.2-2821","metadata":false},{"id":82554,"structure_id":14612,"section_number":"2.2-2821.1","catch_line":"Leave for bone marrow or organ donation","url":"\/2.2-2821.1\/","token":"2.2\/I\/E\/28\/2.2-2821.1","metadata":false},{"id":66004,"structure_id":14612,"section_number":"2.2-2821.2","catch_line":"Leave for volunteer fire and volunteer emergency medical services","url":"\/2.2-2821.2\/","token":"2.2\/I\/E\/28\/2.2-2821.2","metadata":false},{"id":82416,"structure_id":14612,"section_number":"2.2-2821.3","catch_line":"Leave for volunteer members of Civil Air Patrol","url":"\/2.2-2821.3\/","token":"2.2\/I\/E\/28\/2.2-2821.3","metadata":false},{"id":64304,"structure_id":14612,"section_number":"2.2-2822","catch_line":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","url":"\/2.2-2822\/","token":"2.2\/I\/E\/28\/2.2-2822","metadata":false},{"id":60037,"structure_id":14612,"section_number":"2.2-2823","catch_line":"Traveling expenses on state business; public or private transportation","url":"\/2.2-2823\/","token":"2.2\/I\/E\/28\/2.2-2823","metadata":false},{"id":86427,"structure_id":14612,"section_number":"2.2-2824","catch_line":"Monitoring travel expenses while on state business","url":"\/2.2-2824\/","token":"2.2\/I\/E\/28\/2.2-2824","metadata":false},{"id":73173,"structure_id":14612,"section_number":"2.2-2825","catch_line":"Reimbursement for certain travel expenditures; restrictions on reimbursement","url":"\/2.2-2825\/","token":"2.2\/I\/E\/28\/2.2-2825","metadata":false},{"id":86361,"structure_id":14612,"section_number":"2.2-2826","catch_line":"Travel expense accounts; review by Comptroller","url":"\/2.2-2826\/","token":"2.2\/I\/E\/28\/2.2-2826","metadata":false},{"id":66971,"structure_id":14612,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","url":"\/2.2-2827\/","token":"2.2\/I\/E\/28\/2.2-2827","metadata":false},{"id":72066,"structure_id":14612,"section_number":"2.2-2828","catch_line":"Repealed","url":"\/2.2-2828\/","token":"2.2\/I\/E\/28\/2.2-2828","metadata":false},{"id":68011,"structure_id":14612,"section_number":"2.2-2829","catch_line":"Disappearance of public officer; when office presumed vacant","url":"\/2.2-2829\/","token":"2.2\/I\/E\/28\/2.2-2829","metadata":false},{"id":74132,"structure_id":14612,"section_number":"2.2-2830","catch_line":"Governor to fill vacancy in any state office where no other provision is made by law; term of appointment; benefits","url":"\/2.2-2830\/","token":"2.2\/I\/E\/28\/2.2-2830","metadata":false},{"id":76461,"structure_id":14612,"section_number":"2.2-2831","catch_line":"Payment of severance benefits; exceptions","url":"\/2.2-2831\/","token":"2.2\/I\/E\/28\/2.2-2831","metadata":false},{"id":75582,"structure_id":14612,"section_number":"2.2-2832","catch_line":"Retaliatory actions against persons providing testimony before a committee or subcommittee of the General Assembly","url":"\/2.2-2832\/","token":"2.2\/I\/E\/28\/2.2-2832","metadata":false},{"id":78628,"structure_id":14612,"section_number":"2.2-2833","catch_line":"Possession of naloxone or other opioid antagonists by state agencies","url":"\/2.2-2833\/","token":"2.2\/I\/E\/28\/2.2-2833","metadata":false}],"previous_section":{"id":58498,"structure_id":14612,"section_number":"2.2-2811","catch_line":"Where bonds filed","url":"\/2.2-2811\/","token":"2.2\/I\/E\/28\/2.2-2811","metadata":false},"next_section":{"id":79679,"structure_id":14612,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2812\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 744 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0031\">31<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0259\">259<\/a>.<\/p>","references":false,"refers_to":[{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"}],"permalink":{"id":175785,"object_type":"law","relational_id":73283,"identifier":"2.2-2812","token":"2.2\/I\/E\/28\/2.2-2812","url":"\/2.2-2812\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2812\/","token":"2.2\/I\/E\/28\/2.2-2812","dublin_core":{"Title":"Employment of personnel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2812","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span> to the contrary, the agency administrator of each executive branch agency, except those that by <span class=\"dictionary\">law<\/span> are appointed by their respective boards, shall employ the personnel necessary for the proper performance of all responsibilities of their agency subject to the Virginia Personnel Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-2900\/\">2.2-2900<\/a> et seq.) and within the limits of appropriations made therefor by <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-263733\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2812\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span> to the contrary, any employee of an agency in the executive branch of state government, who is (i) promoted within the same agency to a higher position classification and (ii) required to serve a period of time in a probationary status incident to such promotion, shall be offered to be returned to such employee&#8217;s previous classified position or an equivalent position for which a vacancy exists if, for any reason other than misconduct, the probationary period of employment is not satisfied or completed. <a id=\"paragraph-263734\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2812\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEMPLOYMENT OF PERSONNEL (\u00a7 2.2-2812)\n\nA. Notwithstanding any other provision of law to the contrary, the agency\nadministrator of each executive branch agency, except those that by law are\nappointed by their respective boards, shall employ the personnel necessary for\nthe proper performance of all responsibilities of their agency subject to the\nVirginia Personnel Act (&#xA7; 2.2-2900 et seq.) and within the limits of\nappropriations made therefor by law.\n\nB. Notwithstanding any other provision of law to the contrary, any employee of\nan agency in the executive branch of state government, who is (i) promoted\nwithin the same agency to a higher position classification and (ii) required to\nserve a period of time in a probationary status incident to such promotion,\nshall be offered to be returned to such employee&#8217;s previous classified\nposition or an equivalent position for which a vacancy exists if, for any reason\nother than misconduct, the probationary period of employment is not satisfied or\ncompleted.\n\nHISTORY: 1984, c. 744, \u00a7 2.1-20.01; 1997, c. 31; 2001, c. 844; 2011, c. 259.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}