Policy Number: 2.10 - Hiring
Efft. Date: 9/25/00 - Rev. Date: 5/16/06

Provides guidelines for an efficient and consistent competitive hiring process that promotes equal employment opportunity.

All persons who apply by the application closing date for a specific position for which an agency is recruiting.

Review of an individual’s work and personal history to determine if a candidate is suitable for certain positions. Depending upon the nature of the position for which the candidate is being considered, types of background checks that may be conducted include:

• academic record and verification of licenses and certifications,
• employment history, including references,
• financial history,
• credit reports,
• criminal history,
• driving record,
• a fingerprint-based criminal history report, and/or

Hiring a candidate into a position that is occupied by another employee for a short period of time, normally 30 days or less:

• to allow for a period of orientation for the new employee before the current employee separates; or
• when the current employee is on leave (with or without pay) and a separation date has been established.

The process of evaluating the qualifications of individuals in an applicant pool against established position qualifications to determine:

• which applicants in the pool meet minimum qualifica­tions; and
• which of the qualified applicants an agency wishes to interview.

Before posting positions, agencies should:

• analyze the vacant position and work unit to determine if any changes have occurred;
• update the Employee Work Profile to reflect current duties and responsibilities;
• determine the knowledge, skills, and abilities/competencies (KSA) necessary or preferred for the position;
• determine if the position is assigned to the proper Role and make  Role Changes as necessary;
• identify any education qualifications required by law for the position; and
• identify any bona fide occupational qualifications (BFOQ’s).

Agencies may use one of these three options when conducting recruitment:

Agency Internal Recruitment: Only the agency’s current employees (i.e., classified, hourly, and excepted) may apply.

State Employees Only: Only current state employees (i.e., classified, hourly, and excepted) may apply.

Open Recruitment: All state employees and the general public may apply.

Agencies should select the recruitment option that best fits their needs before posting a vacancy. The decision should be based on factors such as the diversity of the agency’s workforce and the availability of qualified applicants.

If initial recruitment does not result in an adequate applicant pool, agencies may reopen recruitment as necessary.

All job announcements must include an Equal Employment Opportunity statement and should state the scope of the position and KSA qualification requirements. All information in the job announcement must be job related. Announcements must not specify a certain number of years of experience nor a specific educational requirement unless sanctioned by law. The following elements must be included:

• a summary of job duties
• any educational qualifications required by law;
• any bona fide occupational requirements (BFOQs);
• any occupational certification or licensing required by law;
• notification that a fingerprint-based criminal history check will be required of the finalist candidate for the position if it has been designated as sensitive under Va. Code § 2.2-1201.1;
• notification that the selected candidate must complete a Statement of Personal Economic Interests as a condition of employment, if applicable (Va. Code § 2.2-3114);
• hours of work if less than 40 per week, with a note that health benefits are available.

Job announcements also should include:

• preferred qualifications;
• a requirement or preference for related experience (but not specific years of experience);
• any educational preferences not required by law, stated with a provision for substitution of equivalent applicable experience or training;
• notice to applicants that they may be required to demonstrate the skills and abilities necessary for satisfactory performance of the work;
• information about conditions of employment such as shift schedule, work hours, full time/part time status, restricted status, requirement for background check (for non-sensitive positions) and the extent of the background check, requirement for drug testing, etc.;
• number of positions being filled from the same applicant pool, if more than one;
• a statement clarifying what application options if any are acceptable, such as resumes, faxes, etc.; and
• any other information regarding the application process that would be helpful to applicants.

Announcements for all positions an agency intends to fill must be listed in Recruitment Management System (RMS) for a minimum of five (5) consecutive workdays, not counting Saturdays, Sundays, and holidays, except in the following situations:

• positions to be filled through Agency Internal Recruitment, if there are procedures in place to inform all agency employees of such openings;
• vacant positions available as placement or recall opportu­nities for employees affected by layoff (see Policy 1.30, Layoff);
• positions to be filled by applicants from the Re-employment Opportunity (RE-OP) Pool (see Policy 1.30, Layoff);
• positions to be filled by agency-initiated demotions, employee-requested demotions, reassignments within the Pay Band, non-competitive voluntary transfers or temporary assignments;
  
  NOTE: Approval of employees’ requests for non-competitive voluntary demotions or non-competitive voluntary transfers is at the discretion of the agency.
  
• positions similar to a position that has been advertised (same Role, duties/work title, organizational unit, and geographic area/location) that become vacant or funded during the recruitment period or within 90 calendar days of the original position’s closing date.
  NOTE: For positions not listed in Recruitment Management System (RMS) under this exception, agencies may consider only applications in the original applicant pool.

Positions may be posted using:

• the Role title, an SOC title, a work title, or a combination of these; along with
• the entire Pay Band, a partial Pay Band, no Pay Band, or the minimum salary only.

Agencies may use one of the following three options for posting their positions. The choice should be based on factors such as the availability of qualified applicants, the number of positions to be filled, review of the agency’s work force plan, and agency business needs.

Fixed Recruitment Period
Agencies may announce positions for a fixed period of time, such as one week, two weeks, etc. If this option is selected,

• a closing date must be specified in the announcement,
• all applications received by the closing date must be considered, and
• applications received after the closing date must not be considered.

Open-Until-Filled Recruitment
Positions may be posted with an open-until-filled statement. If this method is used, a statement must be included in postings indicating the date a position opened and that there is a five-day minimum posting requirement.

• Agencies may close positions after the five-day required posting period when a suitable pool of applicants has been generated.
• All applications received before the position has been closed in PMIS must be considered according to the same criteria.
• Applications received after the position has been closed may not be considered. These applicants should be notified that the position closed before their applications were received.

Continuous Recruitment
Agencies may use continuous recruitment for jobs with:

• a large number of employees;
• a high turnover or significant growth in the number of positions; or
• a history of lengthy or repeated recruitments due to difficulty in attracting qualified applicants.

Agencies must establish a time period for applications to remain active for the jobs for which continuous recruitment applies, and notify applicants accordingly.

All applicants with active applications must be considered for each opening.

Accepting Resumes
Agencies may decide to consider a resume as an application if received by the application closing date. If resumes are accepted as applications, applicants may be required to complete a standard state application form during the hiring process.

An applicant who is selected for the position must submit a completed state application (DHRM Form 10-012) before beginning employment.

Screen Applications
The agency must screen positions according to the qualifications estab­lished for the position and must apply these criteria consistently to all applicants.

Agencies may request clarification and follow-up information from an applicant at any point in the hiring process.

Veterans
Consistent with the requirements of the Va. Code §§ 2.2-2903 and 15.2-1509, the veteran’s military service shall be taken into consideration by the Commonwealth during the selection process, provided that such veteran meets all of the knowledge, skill, and ability requirements for the available position.  Additional consideration shall also be given to veterans who have a service-connected disability rating fixed by the United States Veterans Administration.

Additionally, if the position is filled using a scored test or examination, the grade or rating of an honorably discharged veteran must be increased by 5% or by 10% if the veteran has a service-connected disability rating fixed by the U. S. Veterans Administration.

Interviews Required
No person may be hired into a classified position without having been interviewed for the position. Although telephone interviews are not prohibited, it is strongly recommended that the candidate meet with the hiring authority before a job offer is made.

All scheduled interviews must be completed before a final selection decision and job offer are made. However, agencies are not required to reschedule interviews with applicants who are unable to be present at the scheduled interview.

Interviews may be conducted by:

• the hiring authority, or
• a person or panel of individuals designated by the hiring authority.

Selection Panels
When a selection panel is used, panel members should:

• represent a diverse population;
• become familiar with the basic responsibilities of the position for which they will interview applicants;
• normally (if classified employees), be in the same or a higher Role than the position being filled (unless they are participating as human resource professionals or individuals with a particular expertise required for the position);
• receive appropriate training, instruction or guidance on lawful selection before participation in the interview and selection process; and
• hold confidential all information related to the inter­viewed applicants and the selection or recommendation.

Interview Questions
A set of interview questions must be developed and asked of each applicant.

• Questions should seek information related to the applicant’s knowledge, skills, and ability to perform the job.
• Questions that are not job related or that violate EEO standards are not permissible.

Interviewers must document applicants’ responses to questions to assist with their evaluation of each candidate’s qualifications. This information should be retained with other documentation of the selection process.

Reference Checks
Agencies should check references with the current and at least one former supervisor of the applicant who is the final candidate for the position. Reference information must be documented and retained with other recruitment and selection documents.

The reference check should attempt to obtain information such as the following:

• name and title of person giving reference;
• verification of employment dates;
• verification of position title;
• verification of position duties;
• verification of beginning and ending salaries;
• training completed;
• performance (work experience, KSA’s, competencies);
• whether the employer would rehire the applicant; and
• verification of any license, certification or degree the applicant claims to possess.

Although the State Application for Employment contains a release statement through which applicants consent to verification of the information contained in the application and reference checks, agencies may obtain separate releases from applicants before requesting reference information. The sample format attached may be used (Attachment A), or agencies may develop their own release form. A separate release form is required for applicants subject to a fingerprint-based criminal history check.  See further information below.

Sensitive Positions
Va. Code § 2.2-1201.1 requires that finalist applicants for positions identified as “sensitive” must undergo a fingerprint-based criminal history check. Finalist candidates for these positions must:

• complete a release form (Attachment B) separate from the state application form authorizing the agency to obtain the required information,
• submit to fingerprinting; and
• supply requested personal information to be used by the Department of State Police and the Federal Bureau of Investigation (FBI) in conducting the records check.

Agencies with positions identified as sensitive must establish procedures for submitting the final candidate’s fingerprints and personal descriptive information to State Police.

Va. Code § 2.2-1201.1 defines sensitive positions as those “directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures.”  Positions should be designated in the Personnel Management Information System (PMIS) as sensitive (Y) or not sensitive (N) according to that definition.

Conditional Hiring
Agencies should determine whether candidates for some or all of their sensitive positions may be permitted to begin work before the results of the fingerprint-based criminal check are received. If this practice is adopted, agencies should:

• issue offer letters specifying that the offer is contingent on receipt of an acceptable criminal history report and
  that the employee can be immediately terminated based on information obtained from that report, and
• restrict employees from performing the sensitive portions of the job and/or provide additional supervision during this time.

Current Employees
Current employees, including current hourly employees, who apply for transfer or promotion into sensitive positions will be subject to a fingerprint-based criminal history check. Information obtained through that check may or may not affect the employee’s ability to remain in the current position, depending on the relevance of the information to the position.

• If information obtained through a valid fingerprint-based criminal history check would disqualify the employee from his current position, the agency is obligated to take appropriate action, up to and including termination.
• If the employee in question works for another state agency, the agency with the information should contact the Office of the Attorney General for advice.

Several Exceptional Recruitment Incentive Options are available to assist agencies in their recruitment efforts when they fill positions in Roles and/or Career Groups that are:

• deemed critical to the agency’s mission and ongoing operations; and
• extremely difficult to fill.

These practices apply to new hires to state government (recruitment) and current employees (retention). See Policy 3.05, Compensation, for further information.

These options include:

• a Sign-On Bonus;
• awards of Annual Leave; and
• a Referral Program.

Coordination of Options
Before Exceptional Recruitment Incentive Options may be offered, each agency must coordinate the offer with the appropriate Cabinet Secretary and notify DHRM before imple­menting options. A formal written agreement, which includes requirements for satisfactory performance, must be executed with each employee outlining how repayment will be made if the terms of the agreement are not met. (See Policy 3.05, Compensation.)

Attorney General Approval of Agreements
Agencies may use any, all, or none of the Exceptional Recruitment Incentive Options and may impose additional requirements or stipulations for the use of Exceptional Recruitment Incentive Options beyond the guidelines described below, as they determine appropriate for their circumstances.

A formal written agreement including requirements for satisfactory performance and duration of employment must be executed with each employee outlining repayment terms if the agreement is not met. (See Policy 3.05, Compensation.)

Agencies may offer a Sign-On Bonus of up to $10,000 to new employees who accept employment in positions, Roles and/or Career Groups that are identified as extremely difficult to fill and which are deemed critical to the agency’s operation and mission.

The new employee must agree to work for the Commonwealth and remain with the employing agency for up to one year. Agencies must establish a schedule of payment providing, at the agency's discretion, either one lump sum payable at hiring or two or more payments.

Agencies may provide up to 30 days (240 hours) of annual leave in addition to the normal accrual or may advance up to 30 days (240 hours) of annual leave to new employees as an incentive to accept employment.

If offered, agencies should negotiate the exact amount of annual leave that will be provided or advanced to the new employee before employment begins, and include in the employment offer the amount of annual leave to be provided or advanced. (See Policy 3.05, Compensation.)

Agencies may institute Referral Programs that provide payments of up to $1,500 to their employees who refer candidates who are hired into critical positions, Roles, or Career Groups. (See Policy 3.05 for procedures for implementing Referral Programs.)

The hiring agency is responsible for applying its referral programs consistently and for the decision to pay for a specific referral.

To be eligible to receive payments through a Referral Program:

• the referred candidate must be external to the Common­wealth’s workforce and must not have an active application on file with the agency;
• the referring employee must submit written notification of the referral with the application/resume;
• the agency’s Human Resource Office must validate the referral in writing; and
• the referring employee must be employed and working at a state agency to receive any referral payment.

Hiring managers/supervisors and agency recruiting staff are not eligible for participation in the agency referral programs.

The hiring agency bears the cost of the referral payment. (See Policy 3.05, Compensation.)

• The agency may determine the payment schedule for referral payments. For example, the agency may decide to pay the referring employee in one lump sum after the new employee has successfully completed the probationary period, or the agency may decide to divide the total into two payments: one when the new employee begins and the second payment when the probationary period is completed successfully.
• Payments should be made within one year of the hire date.
  
  NOTE: In cases where referrals were made by employees of other agencies, the agency should forward information supporting the referral payment, along with the funds for the payment, to the fiscal office of the referring employee's agency. Payment then is made to the employee from these funds.

• avoid implying a contract or guarantee of employment for a particular period of time (e.g., use term “classified” rather than “permanent” or “continuing”);
• state the salary as a pay period amount, from which an annual amount can be computed;
• describe any conditions of employment;
• state the probationary period, if appropriate (See Policy 1.45, Probationary Period); and
• explain any required certification or training period that might apply.

Agencies may hire an individual into a position that currently is filled by another employee in cases when:

• the current employee is separating and a period of time is needed for orientation of the new employee, or
• the current employee is on leave and a separation date has been established.

Normally, agencies are authorized to allow two employees to occupy the same position for up to 30 days; however, if agency needs require, the period may be extended with approval of the Agency Head or designee for up to 90 days.

Pursuant to Va. Code § 2.2-2804,

Any person who has failed to meet the federal requirement to register for the Selective Service shall be ineligible for employment by or service for the Common­wealth, or a political subdivision of the Commonwealth, including all boards and commissions, departments, agencies, institutions, and instrumentalities. A person shall not be denied employment under this section by reason of failure to present himself for and submit to the federal registration requirement if: (i) the requirement for the person to so register has terminated or become inapplicable to the person and (ii) the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register.

Applicants who have not registered as required by Va. Code § 2.2-2804 must present verification from the Selective Service System that they have met the requirements of the Code Section.

Once a candidate has accepted an employment offer and a start date has been set, the agency should provide information such as:

• where, when and to whom to report;
• parking  and building access data;
• materials or information needed on the first day, such as a list of acceptable documents needed to complete the I-9 form; and
• benefits information and information concerning deci­sions that will need to be made shortly after beginning employment.

Agencies are encouraged to provide an orientation program for all new and re-hired employees within a reasonable time of their employment dates. This orientation should include:

• a complete explanation of employee benefits, including leave types, payroll options, and insurance choices;
• information about the agency and its mission;
• policies and requirements governing employee rights and behaviors; and
• other features of employment with the Commonwealth and with that agency.

Employees’ compensation upon hire will be established according to the Starting Pay provisions of Policy 3.05, Compensation and the agency Salary Administration Plan.

Each agency should provide information about the employment benefits to prospective employees and present complete informa­tion about these benefits to new employees.

Newly hired full-time classified employees are eligible to receive the following benefits:

• various forms of leave (see Policies 4.05, Administrative Leave, through 4.50, Military Leave);
• sick leave credits, family and personal leave credits, and Workers’ Compensation benefits (see Policy 4.57, Virginia Sickness and Disability Program, and Policy 4.60, Workers’ Compensation);
• health insurance;
• life insurance; and
• retirement benefits.

Optional benefits include, but may not be limited to:

• deferred compensation; and
• optional life insurance.

Newly hired part-time classified employees are eligible to receive the following benefits:

• various forms of leave, with some types prorated to match the work schedule (see Policies 4.05, Administrative Leave, through 4.50, Military Leave);
• sick and family and personal leave credits at amounts set for part-time employees and Workers’ Compensation benefits (see Policy 4.57, Virginia Sickness and Disability Program, and Policy 4.60, Workers’ Compensation);
• life insurance;
• optional life insurance.

Re-employed classified employees are eligible to receive the bene­fits as described above, based on their full or part-time status. They will receive credit for past service with the Commonwealth for purposes of:

• their annual leave accrual rate (see Policy 4.10, Annual Leave); and
• the leave credits they receive through the Virginia Sickness and Disability Program as described in Policy 4.57, Virginia Sickness and Disability Program.

EXCEPTION: Former employees of the Commonwealth will not incur a break in service if:

• they are hired following a period of separation from state service that does not exceed 30 calendar days; and
• the separating agency agrees to amend the record to reflect a leave without pay instead of a separation (see Policy 1.70, Termination/Separation from State Service).

Further information relating to re-employment can be found in Policy 1.55, Return to State Service.

The following records must be maintained confidentially for a period of at least three (3) years from the date the position is filled.

• Position description
• Records related to recruitment efforts
• Copies of advertisements
• Employment applications
• Race and gender data on all applicants
  NOTE: If information not provided by applicant, record race and sex data as “unknown.”
• Screening and selection criteria applied
• Interview questions and notes on applicant responses
• References
• Any documentation supporting selection or addressing non-selection

Agencies should develop practices for retaining or destroying fingerprint-based criminal history data appropriately. FBI regulations require that once a fingerprint-based criminal history report has served the purpose for which it was obtained, it must be destroyed by shredding or pulping. Criminal history reports should not be kept in an employee's personnel file.

Agencies are advised to retain the fingerprint-based criminal history report in a locked, separate file during the hiring process, to destroy the report after a hiring decision is made, and to retain a brief note regarding the outcome in a confidential portion of the recruitment file.

• For the applicant rejected because of background information, the note should indicate that this applicant was the preferred choice based on qualifications, interview, etc., but did not receive an offer (or had a conditional offer retracted) because of information obtained through a criminal records check.
• For the person hired, the note should indicate that as of mm/dd/yy, a criminal records check revealed no problem areas related to this employment. Agencies may elect to keep a copy of this brief note also in a confidential section of the personnel file.

Applicants have access to certain information about the selection process, including:

• position descriptions for advertised positions;
• results of the screening of their applications;
• reference data or recommendation letters, (except that confidential letters and statements of recommendations in the records of educational institutions may be withheld), and
• notes interviewers make during their interviews, which agencies may choose to provide in a way that protects the identity of the individual who made the notes.

Applicants DO NOT have access to information related to the selection process that identifies other applicants.

The Department of Human Resource Management issues this policy pursuant to the authority provided in Va. Code § 2.2-1201.

The Director of the Department of Human Resource Management is responsible for official interpretation of this policy, in accordance with Va. Code § 2.2-1201 (13). Questions regarding the application of this policy should be directed to the Department of Human Resource Management's Office of Agency Human Resource Services.

The Department of Human Resource Management reserves the right to revise or eliminate this policy.

• Policy 1.45, Probationary Period
• Policy 1.55, Return to State Service
• Policy 2.05, Equal Employment Opportunity
• Policy 3.05, Compensation
• Policy 4.05, Administrative Leave
• Policy 4.10, Annual Leave
• Policy 4.15, Educational Leave
• Policy 4.20, Family and Medical Leave
• Policy 4.25, Holidays
• Policy 4.30, Leave Policies – General Provisions
• Policy 4.35, Leave Sharing
• Policy 4.37, Leave to Donate Bone Marrow or Organs
• Policy 4.40, Leave to Provide Community Service
• Policy 4.45, Leave Without Pay – Conditional/Unconditional
• Policy 4.50, Military Leave
• Policy 4.57, Virginia Sickness and Disability Program
• Policy 4.60, Workers’ Compensation
• Policy 6.05, Personnel Records Disclosure
• Policy 6.10, Personnel Records Management