{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3003.html"}],"law_id":64099,"edition_id":1,"section_id":64099,"structure_id":15162,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","history":"1995, cc. 770, 818, \u00a7 2.1-116.05; 1996, cc. 164, 869; 1999, cc. 703, 726; 2000, cc. 947, 1006; 2001, c. 844; 2003, c. 252; 2004, c. 674; 2012, cc. 56, 349, 803, 835.","full_text":"A\n\nAs part of the Commonwealth’s program of employee relations management, the Department of Human Resource Management shall develop a grievance procedure that includes not more than three successively higher grievance resolution steps and a formal hearing as provided in this chapter. However, grievances involving dismissals due to formal discipline or unsatisfactory job performance shall proceed directly to a formal hearing, omitting the grievance resolution steps, the face-to-face meeting specified in subsection D, and the agency head qualification determination specified in subsection D of § 2.2-3004.B\n\nPrior to initiating a written grievance, the employee shall be encouraged to pursue an informal complaint with his immediate supervisor. The supervisor shall have authority to resolve the complaint if it involves actions within his control.C\n\nAn employee may pursue a formal written grievance through the grievance resolution steps if the complaint has been presented to management within 30 calendar days of the employee’s knowledge of the event that gave rise to the complaint. Employees’ rights to pursue grievances shall not be used to harass or otherwise impede the efficient operations of government.D\n\nExcept as provided in subsection A, upon receipt of a timely written complaint, management shall review the grievance and respond to the merits thereof. Each level of management review shall have the authority to provide the employee with a remedy, subject to the agency head’s approval. At least one face-to-face meeting between the employee and management shall be required. The persons who may be present at this meeting are the employee, the appropriate manager, an individual selected by the employee, and an individual selected by the manager. Witnesses may be called by either party.E\n\nAbsent just cause, all documents, as defined in the Rules of the Supreme Court of Virginia, relating to the actions grieved shall be made available, upon request from a party to the grievance, by the opposing party, in a timely fashion. Upon such request a party shall have a duty to search its records to ensure that all such relevant documents are provided. Documents pertaining to nonparties that are relevant to the grievance shall be produced in such a manner as to preserve the privacy of the individuals not personally involved in the grievance. A party shall not be required to create a document if the document does not exist.F\n\nAll time limitations prescribed in the grievance procedure, including, but not limited to, submission of an initial complaint and employee appeal of management decisions, shall be reasonable, specific, and equally applicable to the agency and the employee. Expedited grievance procedures shall be established for terminations, demotions, suspensions, and lost wages or salaries.G\n\nWithin five workdays of the receipt of a written notice of noncompliance, failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause may result in a decision against the noncomplying party on any qualified issue. Written notice of noncompliance by the agency shall be made to the agency head. The Director of the Department of Human Resource Management shall render all decisions related to procedural compliance, and such decisions shall contain the reasons for such decision and shall be final.H\n\nGrievances qualified pursuant to § 2.2-3004 that have not been resolved through the grievance resolution steps shall advance to a hearing that shall be the final step in the grievance procedure.","order_by":null,"text":{"0":{"id":233393,"text":"As part of the Commonwealth’s program of employee relations management, the Department of Human Resource Management shall develop a grievance procedure that includes not more than three successively higher grievance resolution steps and a formal hearing as provided in this chapter. However, grievances involving dismissals due to formal discipline or unsatisfactory job performance shall proceed directly to a formal hearing, omitting the grievance resolution steps, the face-to-face meeting specified in subsection D, and the agency head qualification determination specified in subsection D of § 2.2-3004.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233394,"text":"Prior to initiating a written grievance, the employee shall be encouraged to pursue an informal complaint with his immediate supervisor. The supervisor shall have authority to resolve the complaint if it involves actions within his control.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233395,"text":"An employee may pursue a formal written grievance through the grievance resolution steps if the complaint has been presented to management within 30 calendar days of the employee’s knowledge of the event that gave rise to the complaint. Employees’ rights to pursue grievances shall not be used to harass or otherwise impede the efficient operations of government.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233396,"text":"Except as provided in subsection A, upon receipt of a timely written complaint, management shall review the grievance and respond to the merits thereof. Each level of management review shall have the authority to provide the employee with a remedy, subject to the agency head’s approval. At least one face-to-face meeting between the employee and management shall be required. The persons who may be present at this meeting are the employee, the appropriate manager, an individual selected by the employee, and an individual selected by the manager. Witnesses may be called by either party.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":233397,"text":"Absent just cause, all documents, as defined in the Rules of the Supreme Court of Virginia, relating to the actions grieved shall be made available, upon request from a party to the grievance, by the opposing party, in a timely fashion. Upon such request a party shall have a duty to search its records to ensure that all such relevant documents are provided. Documents pertaining to nonparties that are relevant to the grievance shall be produced in such a manner as to preserve the privacy of the individuals not personally involved in the grievance. A party shall not be required to create a document if the document does not exist.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":233398,"text":"All time limitations prescribed in the grievance procedure, including, but not limited to, submission of an initial complaint and employee appeal of management decisions, shall be reasonable, specific, and equally applicable to the agency and the employee. Expedited grievance procedures shall be established for terminations, demotions, suspensions, and lost wages or salaries.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":233399,"text":"Within five workdays of the receipt of a written notice of noncompliance, failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause may result in a decision against the noncomplying party on any qualified issue. Written notice of noncompliance by the agency shall be made to the agency head. The Director of the Department of Human Resource Management shall render all decisions related to procedural compliance, and such decisions shall contain the reasons for such decision and shall be final.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":233400,"text":"Grievances qualified pursuant to § 2.2-3004 that have not been resolved through the grievance resolution steps shall advance to a hearing that shall be the final step in the grievance procedure.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15162,"edition_id":1,"name":"State Grievance Procedure","identifier":"30","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":175951,"object_type":"structure","relational_id":15162,"identifier":"30","token":"2.2\/I\/E\/30","url":"\/2.2\/I\/E\/30\/","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":75224,"structure_id":15162,"section_number":"2.2-3000","catch_line":"Policy of the Commonwealth; responsibilities of state agencies under this chapter","url":"\/2.2-3000\/","token":"2.2\/I\/E\/30\/2.2-3000","metadata":false},{"id":73947,"structure_id":15162,"section_number":"2.2-3001","catch_line":"State employees","url":"\/2.2-3001\/","token":"2.2\/I\/E\/30\/2.2-3001","metadata":false},{"id":64889,"structure_id":15162,"section_number":"2.2-3002","catch_line":"Exemptions from chapter","url":"\/2.2-3002\/","token":"2.2\/I\/E\/30\/2.2-3002","metadata":false},{"id":64099,"structure_id":15162,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","url":"\/2.2-3003\/","token":"2.2\/I\/E\/30\/2.2-3003","metadata":false},{"id":63565,"structure_id":15162,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","url":"\/2.2-3004\/","token":"2.2\/I\/E\/30\/2.2-3004","metadata":false},{"id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","metadata":false},{"id":57750,"structure_id":15162,"section_number":"2.2-3005.1","catch_line":"Scope of hearing officer's decision; agency cooperation; cost of hearing; decision of hearing officer","url":"\/2.2-3005.1\/","token":"2.2\/I\/E\/30\/2.2-3005.1","metadata":false},{"id":82720,"structure_id":15162,"section_number":"2.2-3006","catch_line":"Review of hearing decisions; costs","url":"\/2.2-3006\/","token":"2.2\/I\/E\/30\/2.2-3006","metadata":false},{"id":60498,"structure_id":15162,"section_number":"2.2-3007","catch_line":"Certain employees of the Departments of Corrections and Juvenile Justice","url":"\/2.2-3007\/","token":"2.2\/I\/E\/30\/2.2-3007","metadata":false},{"id":67858,"structure_id":15162,"section_number":"2.2-3008","catch_line":"Employees of local constitutional officers","url":"\/2.2-3008\/","token":"2.2\/I\/E\/30\/2.2-3008","metadata":false}],"previous_section":{"id":64889,"structure_id":15162,"section_number":"2.2-3002","catch_line":"Exemptions from chapter","url":"\/2.2-3002\/","token":"2.2\/I\/E\/30\/2.2-3002","metadata":false},"next_section":{"id":63565,"structure_id":15162,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","url":"\/2.2-3004\/","token":"2.2\/I\/E\/30\/2.2-3004","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3003\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 770<\/a> and 818<\/a> 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. It has been modified 7 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 1996, chapters 164<\/a> and 869<\/a>; in 1999, chapters 703<\/a> and 726<\/a>; in 2000, chapters 947<\/a> and 1006<\/a>; in 2001, chapter 844<\/a>; in 2003, chapter 252<\/a>; in 2004, chapter 674<\/a>; in 2012, chapters 56<\/a>, 349<\/a>, 803<\/a>, and 835<\/a>.<\/p>","references":[{"id":63565,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","order_by":null,"url":"\/2.2-3004\/"}],"refers_to":[{"id":63565,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","order_by":null,"url":"\/2.2-3004\/"}],"permalink":{"id":175965,"object_type":"law","relational_id":64099,"identifier":"2.2-3003","token":"2.2\/I\/E\/30\/2.2-3003","url":"\/2.2-3003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3003\/","token":"2.2\/I\/E\/30\/2.2-3003","dublin_core":{"Title":"Grievance procedure generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As part of the Commonwealth’s program of employee relations management, the Department of Human Resource Management shall develop a grievance procedure that includes not more than three successively higher grievance resolution steps and a formal hearing<\/span> as provided in this chapter. However, grievances involving dismissals<\/span> due to formal discipline or unsatisfactory job performance shall proceed directly to a formal hearing<\/span>, omitting the grievance resolution steps, the face-to-face meeting specified in subsection D, and the agency head qualification determination specified in subsection D of § 2.2-3004<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to initiating a written grievance, the employee shall be encouraged to pursue an informal complaint with his immediate supervisor. The supervisor shall have authority to resolve the complaint if it involves actions within his control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An employee may pursue a formal written grievance through the grievance resolution steps if the complaint has been presented to management within 30 calendar days of the employee’s knowledge of the event that gave rise to the complaint. Employees’ rights to pursue grievances shall not be used to harass or otherwise impede the efficient operations of government. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection A, upon receipt of a timely written complaint, management shall review the grievance and respond to the merits thereof. Each level of management review shall have the authority to provide the employee with a remedy, subject to the agency head’s approval. At least one face-to-face meeting between the employee and management shall be required. The persons who may be present at this meeting are the employee, the appropriate manager, an individual selected by the employee, and an individual selected by the manager. Witnesses may be called by either party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Absent just cause, all documents, as defined in the Rules of the Supreme Court<\/span> of Virginia, relating to the actions grieved shall be made available, upon request from a party<\/span> to the grievance, by the opposing party<\/span>, in a timely fashion. Upon such request a party<\/span> shall have a duty to search its records to ensure that all such relevant documents are provided. Documents pertaining to nonparties that are relevant to the grievance shall be produced in such a manner as to preserve the privacy of the individuals not personally involved in the grievance. A party<\/span> shall not be required to create a document if the document does not exist. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> All time limitations prescribed in the grievance procedure, including, but not limited to, submission of an initial complaint and employee appeal<\/span> of management decisions, shall be reasonable, specific, and equally applicable to the agency and the employee. Expedited grievance procedures shall be established for terminations, demotions, suspensions, and lost wages or salaries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Within five workdays of the receipt of a written notice of noncompliance, failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause may result in a decision against the noncomplying party<\/span> on any qualified issue<\/span>. Written notice of noncompliance by the agency shall be made to the agency head. The Director of the Department of Human Resource Management shall render all decisions related to procedural compliance, and such decisions shall contain the reasons for such decision and shall be final. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Grievances qualified pursuant to § 2.2-3004<\/a> that have not been resolved through the grievance resolution steps shall advance to a hearing<\/span> that shall be the final step in the grievance procedure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGRIEVANCE PROCEDURE GENERALLY (\u00a7 2.2-3003)\n\nA. As part of the Commonwealth’s program of employee relations management,\nthe Department of Human Resource Management shall develop a grievance procedure\nthat includes not more than three successively higher grievance resolution steps\nand a formal hearing as provided in this chapter. However, grievances involving\ndismissals due to formal discipline or unsatisfactory job performance shall\nproceed directly to a formal hearing, omitting the grievance resolution steps,\nthe face-to-face meeting specified in subsection D, and the agency head\nqualification determination specified in subsection D of § 2.2-3004.\n\nB. Prior to initiating a written grievance, the employee shall be encouraged to\npursue an informal complaint with his immediate supervisor. The supervisor shall\nhave authority to resolve the complaint if it involves actions within his\ncontrol.\n\nC. An employee may pursue a formal written grievance through the grievance\nresolution steps if the complaint has been presented to management within 30\ncalendar days of the employee’s knowledge of the event that gave rise to\nthe complaint. Employees’ rights to pursue grievances shall not be used to\nharass or otherwise impede the efficient operations of government.\n\nD. Except as provided in subsection A, upon receipt of a timely written\ncomplaint, management shall review the grievance and respond to the merits\nthereof. Each level of management review shall have the authority to provide the\nemployee with a remedy, subject to the agency head’s approval. At least\none face-to-face meeting between the employee and management shall be required.\nThe persons who may be present at this meeting are the employee, the appropriate\nmanager, an individual selected by the employee, and an individual selected by\nthe manager. Witnesses may be called by either party.\n\nE. Absent just cause, all documents, as defined in the Rules of the Supreme\nCourt of Virginia, relating to the actions grieved shall be made available, upon\nrequest from a party to the grievance, by the opposing party, in a timely\nfashion. Upon such request a party shall have a duty to search its records to\nensure that all such relevant documents are provided. Documents pertaining to\nnonparties that are relevant to the grievance shall be produced in such a manner\nas to preserve the privacy of the individuals not personally involved in the\ngrievance. A party shall not be required to create a document if the document\ndoes not exist.\n\nF. All time limitations prescribed in the grievance procedure, including, but\nnot limited to, submission of an initial complaint and employee appeal of\nmanagement decisions, shall be reasonable, specific, and equally applicable to\nthe agency and the employee. Expedited grievance procedures shall be established\nfor terminations, demotions, suspensions, and lost wages or salaries.\n\nG. Within five workdays of the receipt of a written notice of noncompliance,\nfailure of the employee or the agency to comply with a substantial procedural\nrequirement of the grievance procedure without just cause may result in a\ndecision against the noncomplying party on any qualified issue. Written notice\nof noncompliance by the agency shall be made to the agency head. The Director of\nthe Department of Human Resource Management shall render all decisions related\nto procedural compliance, and such decisions shall contain the reasons for such\ndecision and shall be final.\n\nH. Grievances qualified pursuant to § 2.2-3004 that have not been resolved\nthrough the grievance resolution steps shall advance to a hearing that shall be\nthe final step in the grievance procedure.\n\nHISTORY: 1995, cc. 770, 818, \u00a7 2.1-116.05; 1996, cc. 164, 869; 1999, cc. 703,\n726; 2000, cc. 947, 1006; 2001, c. 844; 2003, c. 252; 2004, c. 674; 2012, cc.\n56, 349, 803, 835.","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}}