                                 CODE OF VIRGINIA

DUTIES OF DEPARTMENT OF HUMAN RESOURCE MANAGEMENT AND EXECUTIVE BRANCH AGENCIES
TO INVOLUNTARILY SEPARATED EMPLOYEES (§ 2.2-3201)

A. 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 &#8220;Department&#8221;).

B. Any preferential employment rights vested in the employee under the
Commonwealth&#8217;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. 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.

D. 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 &#xA7; 2.2-1501, in the terminating
agency&#8217;s maximum employment level in preparing its executive budget for
the next session of the General Assembly.

HISTORY: 1995, cc. 152, 811, § 2.1-116.21; 2000, cc. 66, 657; 2001, c. 844.