{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2901.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2901.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2901.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2901.html"}],"law_id":79041,"edition_id":1,"section_id":79041,"structure_id":14043,"section_number":"2.2-2901","catch_line":"Appointments, promotions and tenure based upon merit and fitness","history":"Code 1950, \u00a7 2-79; 1956, c. 380; 1966, c. 677, \u00a7 2.1-111; 1968, c. 784; 1972, c. 582; 1973, c. 507; 2000, cc. 66, 657; 2001, c. 844; 2005, cc. 933, 945.","full_text":"A\n\nIn accordance with the provisions of this chapter all appointments and promotions to and tenure in positions in the service of the Commonwealth shall be based upon merit and fitness, to be ascertained, as far as possible, by the competitive rating of qualifications by the respective appointing authorities.\n\t\t\tPersons holding positions in the service of the Commonwealth on July 1, 1952, shall be deemed to be holding their positions as though they had received appointment under the terms of this chapter.B\n\nPersons who leave the service of the Commonwealth for service in any of the armed forces of the United States shall be entitled to be restored to such positions upon the termination of their service with the armed forces, provided such persons, except for good cause shown, have filed an application for restoration to such positions within 90 calendar days following such termination of military service, accompanied by a certificate attesting that the military duty was satisfactorily performed. Such persons shall thereafter hold such positions as though they had received appointment under the terms of this chapter, except as to any such position which, in the meantime, may have been abolished. Any such former employee returning to, or applying for, employment in the state service, as provided by this section, shall be considered as having at least as favorable a status with reference to this chapter as he would have occupied if his service had been continuous.C\n\nNo establishment of a position or rate of pay, and no change in rate of pay shall become effective except on order of the appointing authority and approval by the Governor. This subsection shall not apply to any position the compensation of which is at a rate of $1,200 per annum or less.D\n\nIn order to attract and retain professional auditors, accountants and staff members in the service of the Auditor of Public Accounts, the Joint Legislative Audit and Review Commission may establish scales of pay for such positions notwithstanding the provisions of this chapter. Such scales when established and certified to the Department of Human Resource Management and the Comptroller shall be applicable in the stead of the scales established under the personnel plan.E\n\nThe governing boards of public institutions of higher education shall establish policies for the designation of administrative and professional faculty positions at such institutions. Those designations shall be reserved for positions that require a high level of administrative independence, responsibility, and oversight within the organization or specialized expertise within a given field as defined by the governing board. The authority under this subsection to establish policies for the designation of administrative and professional faculty positions shall be granted only to those institutions that meet the conditions prescribed in subsection A of § 23.1-1002.","order_by":null,"text":{"0":{"id":283127,"text":"In accordance with the provisions of this chapter all appointments and promotions to and tenure in positions in the service of the Commonwealth shall be based upon merit and fitness, to be ascertained, as far as possible, by the competitive rating of qualifications by the respective appointing authorities.\n\t\t\tPersons holding positions in the service of the Commonwealth on July 1, 1952, shall be deemed to be holding their positions as though they had received appointment under the terms of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283128,"text":"Persons who leave the service of the Commonwealth for service in any of the armed forces of the United States shall be entitled to be restored to such positions upon the termination of their service with the armed forces, provided such persons, except for good cause shown, have filed an application for restoration to such positions within 90 calendar days following such termination of military service, accompanied by a certificate attesting that the military duty was satisfactorily performed. Such persons shall thereafter hold such positions as though they had received appointment under the terms of this chapter, except as to any such position which, in the meantime, may have been abolished. Any such former employee returning to, or applying for, employment in the state service, as provided by this section, shall be considered as having at least as favorable a status with reference to this chapter as he would have occupied if his service had been continuous.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283129,"text":"No establishment of a position or rate of pay, and no change in rate of pay shall become effective except on order of the appointing authority and approval by the Governor. This subsection shall not apply to any position the compensation of which is at a rate of $1,200 per annum or less.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283130,"text":"In order to attract and retain professional auditors, accountants and staff members in the service of the Auditor of Public Accounts, the Joint Legislative Audit and Review Commission may establish scales of pay for such positions notwithstanding the provisions of this chapter. Such scales when established and certified to the Department of Human Resource Management and the Comptroller shall be applicable in the stead of the scales established under the personnel plan.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":283131,"text":"The governing boards of public institutions of higher education shall establish policies for the designation of administrative and professional faculty positions at such institutions. Those designations shall be reserved for positions that require a high level of administrative independence, responsibility, and oversight within the organization or specialized expertise within a given field as defined by the governing board. The authority under this subsection to establish policies for the designation of administrative and professional faculty positions shall be granted only to those institutions that meet the conditions prescribed in subsection A of § 23.1-1002.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14043,"edition_id":1,"name":"Virginia Personnel Act","identifier":"29","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":175913,"object_type":"structure","relational_id":14043,"identifier":"29","token":"2.2\/I\/E\/29","url":"\/2.2\/I\/E\/29\/","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":65778,"structure_id":14043,"section_number":"2.2-2900","catch_line":"Short title; purpose","url":"\/2.2-2900\/","token":"2.2\/I\/E\/29\/2.2-2900","metadata":false},{"id":79041,"structure_id":14043,"section_number":"2.2-2901","catch_line":"Appointments, promotions and tenure based upon merit and fitness","url":"\/2.2-2901\/","token":"2.2\/I\/E\/29\/2.2-2901","metadata":false},{"id":80283,"structure_id":14043,"section_number":"2.2-2901.1","catch_line":"Employment discrimination prohibited","url":"\/2.2-2901.1\/","token":"2.2\/I\/E\/29\/2.2-2901.1","metadata":false},{"id":62402,"structure_id":14043,"section_number":"2.2-2902","catch_line":"Use of tobacco products by state employees","url":"\/2.2-2902\/","token":"2.2\/I\/E\/29\/2.2-2902","metadata":false},{"id":77507,"structure_id":14043,"section_number":"2.2-2902.1","catch_line":"Rights of state employees to contact elected officials","url":"\/2.2-2902.1\/","token":"2.2\/I\/E\/29\/2.2-2902.1","metadata":false},{"id":55137,"structure_id":14043,"section_number":"2.2-2903","catch_line":"Grade or rating increase and other preferences for veterans and their surviving spouses and children, and members of the National Guard","url":"\/2.2-2903\/","token":"2.2\/I\/E\/29\/2.2-2903","metadata":false},{"id":57325,"structure_id":14043,"section_number":"2.2-2903.1","catch_line":"State employees ordered to active military service","url":"\/2.2-2903.1\/","token":"2.2\/I\/E\/29\/2.2-2903.1","metadata":false},{"id":83155,"structure_id":14043,"section_number":"2.2-2904","catch_line":"Classification of persons who have passed certified professional secretary examination","url":"\/2.2-2904\/","token":"2.2\/I\/E\/29\/2.2-2904","metadata":false},{"id":64223,"structure_id":14043,"section_number":"2.2-2905","catch_line":"Certain officers and employees exempt from chapter","url":"\/2.2-2905\/","token":"2.2\/I\/E\/29\/2.2-2905","metadata":false}],"previous_section":{"id":65778,"structure_id":14043,"section_number":"2.2-2900","catch_line":"Short title; purpose","url":"\/2.2-2900\/","token":"2.2\/I\/E\/29\/2.2-2900","metadata":false},"next_section":{"id":80283,"structure_id":14043,"section_number":"2.2-2901.1","catch_line":"Employment discrimination prohibited","url":"\/2.2-2901.1\/","token":"2.2\/I\/E\/29\/2.2-2901.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2901\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1956, chapter 380; in 1966, chapter 677; in 1968, chapter 784; in 1972, chapter 582; in 1973, chapter 507; in 2000, chapters 66<\/a> and 657<\/a>; in 2001, chapter 844<\/a>; in 2005, chapters 933<\/a> and 945<\/a>.<\/p>","references":[{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"}],"refers_to":[{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"}],"permalink":{"id":175919,"object_type":"law","relational_id":79041,"identifier":"2.2-2901","token":"2.2\/I\/E\/29\/2.2-2901","url":"\/2.2-2901\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2901\/","token":"2.2\/I\/E\/29\/2.2-2901","dublin_core":{"Title":"Appointments, promotions and tenure based upon merit and fitness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2901","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In accordance with the provisions of this chapter all appointments and promotions to and tenure in positions in the service of the Commonwealth shall be based upon merit and fitness, to be ascertained, as far as possible, by the competitive rating of qualifications by the respective appointing authorities.\n\t\t\tPersons holding positions in the service of the Commonwealth on July 1, 1952, shall be deemed to be holding their positions as though they had received appointment under the terms of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Persons who leave the service of the Commonwealth for service in any of the armed forces of the United States shall be entitled to be restored to such positions upon the termination of their service with the armed forces, provided such persons, except for good cause shown, have filed an application for restoration to such positions within 90 calendar days following such termination of military service, accompanied by a certificate attesting that the military duty was satisfactorily performed. Such persons shall thereafter hold such positions as though they had received appointment under the terms of this chapter, except as to any such position which, in the meantime, may have been abolished. Any such former employee returning to, or applying for, employment in the state service, as provided by this section, shall be considered as having at least as favorable a status with reference to this chapter as he would have occupied if his service had been continuous. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No establishment of a position or rate of pay, and no change in rate of pay shall become effective except on order<\/span> of the appointing authority and approval by the Governor. This subsection shall not apply to any position the compensation of which is at a rate of $1,200 per annum or less. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In order<\/span> to attract and retain professional auditors, accountants and staff members in the service of the Auditor of Public Accounts, the Joint Legislative Audit and Review Commission may establish scales of pay for such positions notwithstanding the provisions of this chapter. Such scales when established and certified to the Department of Human Resource Management and the Comptroller shall be applicable in the stead of the scales established under the personnel plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The governing boards of public institutions of higher education shall establish policies for the designation of administrative and professional faculty positions at such institutions. Those designations shall be reserved for positions that require a high level of administrative independence, responsibility, and oversight within the organization or specialized expertise within a given field as defined by the governing board. The authority under this subsection to establish policies for the designation of administrative and professional faculty positions shall be granted only to those institutions that meet the conditions prescribed in subsection A of § 23.1-1002<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENTS, PROMOTIONS AND TENURE BASED UPON MERIT AND FITNESS (\u00a7 2.2-2901)\n\nA. In accordance with the provisions of this chapter all appointments and\npromotions to and tenure in positions in the service of the Commonwealth shall\nbe based upon merit and fitness, to be ascertained, as far as possible, by the\ncompetitive rating of qualifications by the respective appointing authorities.\n\t\t\tPersons holding positions in the service of the Commonwealth on July 1, 1952,\nshall be deemed to be holding their positions as though they had received\nappointment under the terms of this chapter.\n\nB. Persons who leave the service of the Commonwealth for service in any of the\narmed forces of the United States shall be entitled to be restored to such\npositions upon the termination of their service with the armed forces, provided\nsuch persons, except for good cause shown, have filed an application for\nrestoration to such positions within 90 calendar days following such termination\nof military service, accompanied by a certificate attesting that the military\nduty was satisfactorily performed. Such persons shall thereafter hold such\npositions as though they had received appointment under the terms of this\nchapter, except as to any such position which, in the meantime, may have been\nabolished. Any such former employee returning to, or applying for, employment in\nthe state service, as provided by this section, shall be considered as having at\nleast as favorable a status with reference to this chapter as he would have\noccupied if his service had been continuous.\n\nC. No establishment of a position or rate of pay, and no change in rate of pay\nshall become effective except on order of the appointing authority and approval\nby the Governor. This subsection shall not apply to any position the\ncompensation of which is at a rate of $1,200 per annum or less.\n\nD. In order to attract and retain professional auditors, accountants and staff\nmembers in the service of the Auditor of Public Accounts, the Joint Legislative\nAudit and Review Commission may establish scales of pay for such positions\nnotwithstanding the provisions of this chapter. Such scales when established and\ncertified to the Department of Human Resource Management and the Comptroller\nshall be applicable in the stead of the scales established under the personnel\nplan.\n\nE. The governing boards of public institutions of higher education shall\nestablish policies for the designation of administrative and professional\nfaculty positions at such institutions. Those designations shall be reserved for\npositions that require a high level of administrative independence,\nresponsibility, and oversight within the organization or specialized expertise\nwithin a given field as defined by the governing board. The authority under this\nsubsection to establish policies for the designation of administrative and\nprofessional faculty positions shall be granted only to those institutions that\nmeet the conditions prescribed in subsection A of § 23.1-1002.\n\nHISTORY: Code 1950, \u00a7 2-79; 1956, c. 380; 1966, c. 677, \u00a7 2.1-111; 1968, c.\n784; 1972, c. 582; 1973, c. 507; 2000, cc. 66, 657; 2001, c. 844; 2005, cc. 933,\n945.","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}}