2.2-3201 - Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees.
§ 2.2-3201. Duties of Department of Human Resource Management and executivebranch agencies to involuntarily separated employees.
A. Prior to terminating or placing on leave without pay-layoff or equivalentstatus any employee of an agency or institution in the executive branch ofstate government, the management of the agency or institution shall makeevery effort to place the employee in any vacant position within the agencyfor which the employee is qualified. If reemployment within the agency orinstitution is not possible because there is no available position for whichthe employee is qualified or the position offered to the employee requiresrelocation or a reduction in salary, the name of the employee shall beforwarded to the Department of Human Resource Management (the "Department").
B. Any preferential employment rights vested in the employee under theCommonwealth's layoff policy shall not be denied, abridged, or modified inany way by the Department. The Department shall coordinate the preferentialhiring of the employee, at the same salary classification, in any agency orinstitution of the executive branch of state government. The Department shallalso establish a program to assist employees in finding employment outside ofstate government.
C. If, as of the date the employee is terminated from employment or placed onleave without pay-layoff or equivalent status, reemployment within his agencyor institution or any other agency or institution of the executive branch ofstate government is not possible because there is no available position forwhich the employee is qualified or the position offered to the employeerequires relocation or a reduction in salary, then the employee shall bedeemed to be involuntarily separated. If such employee is otherwise eligible,he shall be entitled, under the conditions specified, to receive thetransitional severance benefit conferred by this chapter.
D. The Department shall report all involuntary separations in the executivebranch of state government to the Department of Planning and Budget, whichshall make an appropriate reduction, pursuant to § 2.2-1501, in theterminating agency's maximum employment level in preparing its executivebudget for the next session of the General Assembly.
(1995, cc. 152, 811, § 2.1-116.21; 2000, cc. 66, 657; 2001, c. 844.)