State Codes and Statutes

Statutes > Virginia > Title-23 > Chapter-4-10 > 23-38-118

§ 23-38.118. Miscellaneous personnel matters.

A. All appointments to, and promotions and tenure in, positions in theservice of a covered institution shall be based upon merit and fitness, to beascertained, as far as possible, by the competitive rating of qualificationsby that institution.

B. No establishment of a position or rate of pay, and no change in rate ofpay, shall become effective except on order of the appointing coveredinstitution.

C. No participating Covered Employee of, or applicant for employment with,any covered institution shall be required, as a condition of employment, tosmoke or use tobacco products on the job, or to abstain from smoking or usingtobacco products outside the course of his employment, provided that thissection shall not apply to those classes of employees to which § 27-40.1 or51.1-813 is applicable.

D. The human resources policies adopted by the governing body of a coveredinstitution shall, consistent with applicable federal law, address (i)employment of participating Covered Employees who leave the service of acovered institution for service in any of the armed forces of the UnitedStates, and the employment of other veterans of such military service,following the termination of their military service; and (ii) leave and otherpolicies affecting the employment of participating Covered Employees who havebeen ordered to active military service in the armed forces of the UnitedStates, or in the organized reserve forces of any of the armed services ofthe United States, or of the Virginia National Guard. "Active militaryduty," as used in this subsection, means federally funded military duty as(i) a member of the armed forces of the United States on active duty pursuantto Title 10 of the United States Code or (ii) a member of the VirginiaNational Guard on active duty pursuant to either Title 10 or Title 32 of theUnited States Code.

(2005, cc. 933, 945.)

State Codes and Statutes

Statutes > Virginia > Title-23 > Chapter-4-10 > 23-38-118

§ 23-38.118. Miscellaneous personnel matters.

A. All appointments to, and promotions and tenure in, positions in theservice of a covered institution shall be based upon merit and fitness, to beascertained, as far as possible, by the competitive rating of qualificationsby that institution.

B. No establishment of a position or rate of pay, and no change in rate ofpay, shall become effective except on order of the appointing coveredinstitution.

C. No participating Covered Employee of, or applicant for employment with,any covered institution shall be required, as a condition of employment, tosmoke or use tobacco products on the job, or to abstain from smoking or usingtobacco products outside the course of his employment, provided that thissection shall not apply to those classes of employees to which § 27-40.1 or51.1-813 is applicable.

D. The human resources policies adopted by the governing body of a coveredinstitution shall, consistent with applicable federal law, address (i)employment of participating Covered Employees who leave the service of acovered institution for service in any of the armed forces of the UnitedStates, and the employment of other veterans of such military service,following the termination of their military service; and (ii) leave and otherpolicies affecting the employment of participating Covered Employees who havebeen ordered to active military service in the armed forces of the UnitedStates, or in the organized reserve forces of any of the armed services ofthe United States, or of the Virginia National Guard. "Active militaryduty," as used in this subsection, means federally funded military duty as(i) a member of the armed forces of the United States on active duty pursuantto Title 10 of the United States Code or (ii) a member of the VirginiaNational Guard on active duty pursuant to either Title 10 or Title 32 of theUnited States Code.

(2005, cc. 933, 945.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-23 > Chapter-4-10 > 23-38-118

§ 23-38.118. Miscellaneous personnel matters.

A. All appointments to, and promotions and tenure in, positions in theservice of a covered institution shall be based upon merit and fitness, to beascertained, as far as possible, by the competitive rating of qualificationsby that institution.

B. No establishment of a position or rate of pay, and no change in rate ofpay, shall become effective except on order of the appointing coveredinstitution.

C. No participating Covered Employee of, or applicant for employment with,any covered institution shall be required, as a condition of employment, tosmoke or use tobacco products on the job, or to abstain from smoking or usingtobacco products outside the course of his employment, provided that thissection shall not apply to those classes of employees to which § 27-40.1 or51.1-813 is applicable.

D. The human resources policies adopted by the governing body of a coveredinstitution shall, consistent with applicable federal law, address (i)employment of participating Covered Employees who leave the service of acovered institution for service in any of the armed forces of the UnitedStates, and the employment of other veterans of such military service,following the termination of their military service; and (ii) leave and otherpolicies affecting the employment of participating Covered Employees who havebeen ordered to active military service in the armed forces of the UnitedStates, or in the organized reserve forces of any of the armed services ofthe United States, or of the Virginia National Guard. "Active militaryduty," as used in this subsection, means federally funded military duty as(i) a member of the armed forces of the United States on active duty pursuantto Title 10 of the United States Code or (ii) a member of the VirginiaNational Guard on active duty pursuant to either Title 10 or Title 32 of theUnited States Code.

(2005, cc. 933, 945.)