                                 CODE OF VIRGINIA

COVERED INSTITUTIONS; OPERATIONAL AUTHORITY; HUMAN RESOURCES; ESTABLISHMENT OF A
HUMAN RESOURCES PROGRAM (§ 23.1-1021)

A. As used in this section, &#8220;active military duty&#8221; means federally
funded military duty as (i) a member of the Armed Forces of the United States on
active duty pursuant to Title 10 of the United States Code or (ii) a member of
the Virginia National Guard on active duty pursuant to either Title 10 or Title
32 of the United States Code.

B. The governing board of each covered institution may elect to adopt for its
nonfaculty participating covered employees either (i) one or more human
resources programs that is or are generally consistent with the provisions of
Chapters 28 (&#xA7; 2.2-2800 et seq.) and 29 (&#xA7; 2.2-2900 et seq.) of Title
2.2, pertaining generally to state employees, or (ii) such other human resources
program or programs as it determines to be appropriate. The covered institution
may administer such human resources program or programs itself or contract with
another covered institution or the Department of Human Resources Management to
administer some or all of its human resources programs, subject to the execution
of any participation or operating agreement as the parties to that agreement may
deem necessary and appropriate.

C. Each covered institution may (i) establish a human resources program or
programs for participating covered employees who are not subject to a human
resources program established pursuant to subsection B, including a program or
programs relating to such employees that its enabling statutes authorizes it to
employ and (ii) contract for such consultants, attorneys, accountants, financial
experts, and independent providers of expert advice and consultation as such
institution deems necessary or desirable to assist in the establishment of such
program.

D. Any human resources program adopted by the governing board of a covered
institution for participating covered employees shall be based on merit
principles and objective methods of appointment, promotion, transfer, layoff,
removal, severance, and discipline and shall include other appropriate topics
based on such principles and methods.

E. The human resources program adopted by the governing board of a covered
institution shall, consistent with applicable federal law, address (i) the
employment of participating covered employees who leave the service of a covered
institution for service in any of the Armed Forces of the United States, (ii)
the employment of veterans who have served in any of the Armed Forces of the
United States following the termination of their military service, and (iii)
leave and other policies affecting the employment of participating covered
employees who have been ordered to active military duty in the Armed Forces of
the United States or the organized reserve forces of any of the Armed Forces of
the United States or the Virginia National Guard.

HISTORY: 2005, cc. 933, 945, § 23-38.116; 2016, c. 588.