TYPES OF EMPLOYMENT

OBJECTIVE

It is the Commonwealth's objective to identify the different categories of employment and the terms and conditions of each.

I. EMPLOYEES TO WHOM POLICY APPLIES

The employment terms and conditions described herein apply to employees according to their particular employment categories.

II. DEFINITIONS

A. Covered employees

Those employees covered under the Virginia Personnel Act, as designated below.

1. Classified employees

Employees who occupy positions within the occupational classes that are listed in the Commonwealth's Compensation Plan, and who are covered by the Virginia Personnel Act, as found in Chapter 10, Title 2.1 of the Code of Virginia, once they have completed the probationary period.

2. Restricted employees

Employees whose positions receive 10 percent or more of required funding from non-continuous or non-recurring funding sources, such as grants, donations, contracts, capital outlay projects, or higher education auxiliary enterprise revenues.

[REVISED 12/94] 3. "776" employees

Employees who are excluded from coverage of the Virginia Personnel Act as established by section 2.1-116(A)(16) of the Code of Virginia. However, these employees are covered by the policies promulgated by the Department of Personnel and Training, except as listed in the various policies.

[REVISED 12/94] NOTE: Employees may either be designated "full-time" (i.e., scheduled to work a minimum of 40 hours per week for at least nine months per calendar year) or "part-time" (i.e., scheduled to work a minimum of 20 hours per week, but less than 40 hours per week for at least nine months per calendar year).

B. Excepted employees

Employees in the Executive, Judicial and Legislative Branches who are not covered by the Virginia Personnel Act. Executive Branch positions included in this definition are:

1. presidents and teaching and research staffs of state educational institutions;

2. officers appointed by the Governor, whether or not confirmation by the General Assembly or either House is required;

3. employees in the Executive Branch who are appointed by a court to exercise judicial functions; and

4. certain officers and employees of agencies, as specified in section 2.1-116(A) (14) and (15) of the Code of Virginia.

C. Wage employees

Employees not covered by the Virginia Personnel Act, (also referred to as hourly, P-14, or WE-14 employees), who are non-exempt for purposes of overtime compensation, and who are used to supplement the work force during seasonal or temporary workloads, to provide interim replacements, or to perform short-term projects or other jobs that do not require full-time classified employees.

III. TERMS AND CONDITIONS OF EMPLOYMENT

This section is not intended to set forth every term and condition for every type of employment, but rather states the basic terms and conditions that distinguish each employment category.

A. Covered employees

1. Classified employees

a. Tenure of employment

Employees covered by the Act have no guarantee of employment for a particular term, and may be terminated in accordance with policy.

b. Compensation

(1) Compensation must be at one of the pay steps of the salary grade to which an employee's position is assigned.

(2) Compensation is determined by Policy 3.05, Compensation, and other policies related to compensation and classification that may be promulgated by the Department of Personnel and Training.

c. Benefits

Classified employees are entitled to:

(1) accumulate and use paid leave and to take unpaid leave, as provided by the leaves of absence policies;

(2) if full-time, participate in the state's health and life insurance plans;

(3) if full-time, participate in the state's retirement plan; and

(4) receive benefits accorded by the Virginia Workers' Compensation Act.

d. Grievance procedure

Classified employees are entitled to use the Grievance Procedure for State Employees, or the State Employees' Discrimination complaint procedures.

e. Personnel policies

The personnel policies promulgated by the Department of Personnel and Training apply to employees covered by the Virginia Personnel Act.

2. Restricted Employees

a. Tenure of employment

Restricted employees have no guarantee of employment for a particular term, and may be terminated in accordance with policy. Restricted employees will have access to the provisions of Policy 1.30, Layoff, only if their immediate prior service was as a classified full-time employee. (See Policy 1.30, Layoff.)

b. Compensation

Same as set forth in section III(A)(1)(b) above.

c. Benefits

Same as set forth in section III(A)(1)(c) above.

 

d. Grievance procedure

Restricted employees are entitled to use the Grievance Procedure for State Employees except to grieve actions covered by Policy 1.30, Layoff. Such employees are also entitled to use the State Employees' Discrimination Complaint procedures.

e. Personnel policies

The personnel policies promulgated by the Department of Personnel and Training apply to restricted employees unless particular policies, such as Policy 1.30, Layoff, expressly exclude such from their application.

[REVISED 12/94] 3. Employees exempt by section 2.1-116(A)(16) the Code of Virginia ("776 employees")

a. Tenure of employment

[REVISED 12/94] "776" employees have no guarantee of employment for a particular term, serve at the will of the appointing authority, and may be terminated at any time with or without cause.

b. Compensation

Same as set forth in section III(A)(1)(b) above.

c. Benefits

Same as set forth in section III(A)(1)(c) above.

d. Grievance procedure

[REVISED 12/94] "776" employees are not entitled to use the Grievance Procedure for State Employees. However, such employees are entitled to use the State Employees' Discrimination Complaint procedures.

e. Personnel policies

[REVISED 12/94] The personnel policies promulgated by the Department of Personnel and Training apply to "776" employees unless particular policies, such as Policy 1.30, Layoff, and Policy 1.60, Standards of Conduct, expressly exclude such employees from their application.

 

B. Excepted employees

1. Terms and conditions of employment

Excepted employees' terms and conditions of employment are established by their agencies, the agencies' governing bodies, or the Governor.

2. Compensation

Excepted employees' compensation will be determined by the employing agency.

3. Benefits

Excepted employees' benefits will be determined by the employing agency.

4. Excepted employees who change to covered employment

a. Period of excepted employment applied to covered employment

An excepted employee who enters full-time or part-time covered employment without a break in service shall have his or her period of service in the excepted position applied toward classified service for the purposes of:

(1) determining the rate of annual leave accumulation;

(2) meeting the five year requirement for payment of accumulated sick leave upon termination from state employment; and

(3) determining seniority as it is considered by Policy 1.30, Layoff.

b. Transfer of accrued annual and/or sick leave

If either the annual leave or sick leave accrual system of an excepted employee is the same as that for a covered employee, an excepted employee who enters covered employment may transfer those annual leave and/or sick leave balances that were accrued in the same manner.

c. Probationary period

An excepted employee who enters full-time or part-time covered employment must serve a probationary period. (See Policy 1.45, Probationary Period.)

C. Wage employees

1. Tenure of employment

a. Wage employees have no guarantee of employment for a particular term, serve at the pleasure of the appointing authority, and may be terminated from employment at any time.

b. Wage employees are limited to working 1,500 hours per agency per year, which is considered to be the 365-day period following a wage employee's first day of employment.

(1) Once an employee has reached the maximum of 1,500 hours per 365-day period, he or she may not be permitted to work again in that agency until the 365-day period has expired.

(2) Any exceptions to the limit of 1,500 hours of work in a 365-day period must be approved by the Cabinet Secretary for the respective agency.

(3) Rehiring a wage employee during the same 365-day period in which he or she already worked the maximum 1,500 hours is expressly prohibited, unless an exception has been granted.

(4) Once a wage employee has completed 1,500 hours within a 365-day period, the next 365-day period shall be calculated beginning with the employee's subsequent date of rehire.

(5) Agencies shall maintain accurate documentation of the hours worked by wage employees.

2. Compensation

a. Wage employees shall be paid only for actual hours worked; therefore, records of hours worked must be kept for all wage employees.

b. Compensation must be at one of the pay steps of the salary grade to which an employee's position is assigned.

c. Compensation is determined by Policy 3.05, Compensation, and any other policies related to compensation and classification that may be promulgated by the Department of Personnel and Training.

d. Wage employees shall receive all wage increases granted by the Governor and/or the General Assembly, and the Department of Personnel and Training will advise agencies regarding such adjustments.

e. Wage employees shall be considered non-exempt for the purposes of application of the Fair Labor Standards Act.

3. Benefits

Wage employees are not entitled to the benefits listed above for covered employees, except that wage employees:

a. are covered by the Workers' Compensation Act;

b. shall be allowed leave without pay for family and medical reasons in accordance with Policy 4.20, Family and Medical Leave; and

c. shall be allowed leave without pay for military service in the reserve components. When a wage employee enters active military service, reemployment will be granted under the terms provided for in the Veterans Reemployment Act.

4. Grievance procedure

Wage employees are not entitled to use the Grievance Procedure for State Employees. However, wage employees may consult with the Department Employee Relations Counselors on work-related problems. Such employees are also entitled to use the State Employees' Discrimination Complaint procedures.

5. Personnel policies

a. The personnel policies promulgated by the Department of Personnel and Training apply to wage employees only as specified in each policy.

b. Performance evaluation

(1) Agencies may develop an evaluation system to review wage employees' performance.

(2) Agencies may not use the Performance Planning and Evaluation Form that is described in Policy 1.40, Performance Planning and Evaluation, for use with covered employees.

(3) Wage employees are not eligible for exceptional pay awards.

6. Authorization for wage employees

For classifications which are not approved by blanket authorization from the Department of Personnel and Training, authorization for wage employment must be individually approved through the Office of Compensation Management of the Department of Personnel and Training.

7. Change to covered employment

a. Wage employees may apply for full-time or part-time covered positions.

b. A wage employee who is hired into a covered position shall not receive service credit for any period of wage employment.

IV. AUTHORITY AND INTERPRETATION

A. This policy is issued by the Department of Personnel and Training pursuant to the authority provided in Chapter 10, Title 2.1, of the Code of Virginia. This policy supersedes Policy 2.82, Types of State Service-Excepted Employment, issued September 15, 1986; Policy 2.87, Types of State Service-Wage Employment, issued September 1, 1988; and Rule 7.2, Types of Appointment; Rule 7.10, Tenure of Employment; and Rule 10.3(b), Eligibility for Leave of Absence; of the Rules for the Administration of the Virginia Personnel Act, effective July 1, 1977.

B. The Director of the Department of Personnel and Training is responsible for official interpretation of this policy, in accordance with section 2.1-114.5(13) of the Code of Virginia. Questions regarding the application of this policy should be directed to the Department of Personnel and Training's Office of Policy and Personnel Programs. The Department of Personnel and Training reserves the right to revise or eliminate this policy as necessary.