{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3201.html"}],"law_id":54495,"edition_id":1,"section_id":54495,"structure_id":13050,"section_number":"2.2-3201","catch_line":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","history":"1995, cc. 152, 811, \u00a7 2.1-116.21; 2000, cc. 66, 657; 2001, c. 844.","full_text":"A\n\nPrior to terminating or placing on leave without pay-layoff or equivalent status any employee of an agency or institution in the executive branch of state government, the management of the agency or institution shall make every effort to place the employee in any vacant position within the agency for which the employee is qualified. If reemployment within the agency or institution is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, the name of the employee shall be forwarded to the Department of Human Resource Management (the “Department”).B\n\nAny preferential employment rights vested in the employee under the Commonwealth’s layoff policy shall not be denied, abridged, or modified in any way by the Department. The Department shall coordinate the preferential hiring of the employee, at the same salary classification, in any agency or institution of the executive branch of state government. The Department shall also establish a program to assist employees in finding employment outside of state government.C\n\nIf, as of the date the employee is terminated from employment or placed on leave without pay-layoff or equivalent status, reemployment within his agency or institution or any other agency or institution of the executive branch of state government is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, then the employee shall be deemed to be involuntarily separated. If such employee is otherwise eligible, he shall be entitled, under the conditions specified, to receive the transitional severance benefit conferred by this chapter.D\n\nThe Department shall report all involuntary separations in the executive branch of state government to the Department of Planning and Budget, which shall make an appropriate reduction, pursuant to § 2.2-1501, in the terminating agency’s maximum employment level in preparing its executive budget for the next session of the General Assembly.","order_by":null,"text":{"0":{"id":200100,"text":"Prior to terminating or placing on leave without pay-layoff or equivalent status any employee of an agency or institution in the executive branch of state government, the management of the agency or institution shall make every effort to place the employee in any vacant position within the agency for which the employee is qualified. If reemployment within the agency or institution is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, the name of the employee shall be forwarded to the Department of Human Resource Management (the “Department”).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200101,"text":"Any preferential employment rights vested in the employee under the Commonwealth’s layoff policy shall not be denied, abridged, or modified in any way by the Department. The Department shall coordinate the preferential hiring of the employee, at the same salary classification, in any agency or institution of the executive branch of state government. The Department shall also establish a program to assist employees in finding employment outside of state government.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200102,"text":"If, as of the date the employee is terminated from employment or placed on leave without pay-layoff or equivalent status, reemployment within his agency or institution or any other agency or institution of the executive branch of state government is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, then the employee shall be deemed to be involuntarily separated. If such employee is otherwise eligible, he shall be entitled, under the conditions specified, to receive the transitional severance benefit conferred by this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200103,"text":"The Department shall report all involuntary separations in the executive branch of state government to the Department of Planning and Budget, which shall make an appropriate reduction, pursuant to § 2.2-1501, in the terminating agency’s maximum employment level in preparing its executive budget for the next session of the General Assembly.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13050,"edition_id":1,"name":"Workforce Transition Act of 1995","identifier":"32","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":176223,"object_type":"structure","relational_id":13050,"identifier":"32","token":"2.2\/I\/E\/32","url":"\/2.2\/I\/E\/32\/","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":65287,"structure_id":13050,"section_number":"2.2-3200","catch_line":"Short title; purpose","url":"\/2.2-3200\/","token":"2.2\/I\/E\/32\/2.2-3200","metadata":false},{"id":54495,"structure_id":13050,"section_number":"2.2-3201","catch_line":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","url":"\/2.2-3201\/","token":"2.2\/I\/E\/32\/2.2-3201","metadata":false},{"id":54108,"structure_id":13050,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","url":"\/2.2-3202\/","token":"2.2\/I\/E\/32\/2.2-3202","metadata":false},{"id":82159,"structure_id":13050,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","url":"\/2.2-3203\/","token":"2.2\/I\/E\/32\/2.2-3203","metadata":false},{"id":76756,"structure_id":13050,"section_number":"2.2-3204","catch_line":"Retirement program","url":"\/2.2-3204\/","token":"2.2\/I\/E\/32\/2.2-3204","metadata":false},{"id":57269,"structure_id":13050,"section_number":"2.2-3205","catch_line":"Costs associated with this chapter; payment","url":"\/2.2-3205\/","token":"2.2\/I\/E\/32\/2.2-3205","metadata":false},{"id":77385,"structure_id":13050,"section_number":"2.2-3206","catch_line":"Review of program","url":"\/2.2-3206\/","token":"2.2\/I\/E\/32\/2.2-3206","metadata":false}],"previous_section":{"id":65287,"structure_id":13050,"section_number":"2.2-3200","catch_line":"Short title; purpose","url":"\/2.2-3200\/","token":"2.2\/I\/E\/32\/2.2-3200","metadata":false},"next_section":{"id":54108,"structure_id":13050,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","url":"\/2.2-3202\/","token":"2.2\/I\/E\/32\/2.2-3202","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3201\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 152<\/a> and 811<\/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 2 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 2000, chapters 66<\/a> and 657<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":64122,"section_number":"23.1-1026","catch_line":"Covered institutions; operational authority; human resources; severance policies","order_by":null,"url":"\/23.1-1026\/"}],"refers_to":[{"id":68418,"section_number":"2.2-1501","catch_line":"Duties of Department","order_by":null,"url":"\/2.2-1501\/"}],"permalink":{"id":176229,"object_type":"law","relational_id":54495,"identifier":"2.2-3201","token":"2.2\/I\/E\/32\/2.2-3201","url":"\/2.2-3201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3201\/","token":"2.2\/I\/E\/32\/2.2-3201","dublin_core":{"Title":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to terminating or placing on leave without pay-layoff or equivalent status any employee of an agency or institution in the executive branch of state government, the management of the agency or institution shall make every effort to place the employee in any vacant position within the agency for which the employee is qualified. If reemployment within the agency or institution is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, the name of the employee shall be forwarded to the Department of Human Resource Management (the “Department”). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any preferential employment rights vested in the employee under the Commonwealth’s layoff policy shall not be denied, abridged, or modified in any way by the Department. The Department shall coordinate the preferential hiring of the employee, at the same salary classification, in any agency or institution of the executive branch of state government. The Department shall also establish a program to assist employees in finding<\/span> employment outside of state government. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, as of the date the employee is terminated from employment or placed on leave without pay-layoff or equivalent status, reemployment within his agency or institution or any other agency or institution of the executive branch of state government is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, then the employee shall be deemed to be involuntarily separated. If such employee is otherwise eligible, he shall be entitled, under the conditions specified, to receive the transitional severance benefit conferred by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department shall report all involuntary separations in the executive branch of state government to the Department of Planning and Budget, which shall make an appropriate reduction, pursuant to § 2.2-1501<\/a>, in the terminating agency’s maximum employment level in preparing its executive budget for the next session of the General Assembly. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF DEPARTMENT OF HUMAN RESOURCE MANAGEMENT AND EXECUTIVE BRANCH AGENCIES\nTO INVOLUNTARILY SEPARATED EMPLOYEES (\u00a7 2.2-3201)\n\nA. Prior to terminating or placing on leave without pay-layoff or equivalent\nstatus any employee of an agency or institution in the executive branch of state\ngovernment, the management of the agency or institution shall make every effort\nto place the employee in any vacant position within the agency for which the\nemployee is qualified. If reemployment within the agency or institution is not\npossible because there is no available position for which the employee is\nqualified or the position offered to the employee requires relocation or a\nreduction in salary, the name of the employee shall be forwarded to the\nDepartment of Human Resource Management (the “Department”).\n\nB. Any preferential employment rights vested in the employee under the\nCommonwealth’s layoff policy shall not be denied, abridged, or modified in\nany way by the Department. The Department shall coordinate the preferential\nhiring of the employee, at the same salary classification, in any agency or\ninstitution of the executive branch of state government. The Department shall\nalso establish a program to assist employees in finding employment outside of\nstate government.\n\nC. If, as of the date the employee is terminated from employment or placed on\nleave without pay-layoff or equivalent status, reemployment within his agency or\ninstitution or any other agency or institution of the executive branch of state\ngovernment is not possible because there is no available position for which the\nemployee is qualified or the position offered to the employee requires\nrelocation or a reduction in salary, then the employee shall be deemed to be\ninvoluntarily separated. If such employee is otherwise eligible, he shall be\nentitled, under the conditions specified, to receive the transitional severance\nbenefit conferred by this chapter.\n\nD. The Department shall report all involuntary separations in the executive\nbranch of state government to the Department of Planning and Budget, which shall\nmake an appropriate reduction, pursuant to § 2.2-1501, in the terminating\nagency’s maximum employment level in preparing its executive budget for\nthe next session of the General Assembly.\n\nHISTORY: 1995, cc. 152, 811, \u00a7 2.1-116.21; 2000, cc. 66, 657; 2001, c. 844.","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}}