23-38.115 - Election by certain Covered Employees. - Virginia Statutes

§ 23-38.115. Election by certain Covered Employees.

A. If the governing body of a covered institution establishes a humanresources program or programs pursuant to § 23-38.116, a salaried nonfacultyCovered Employee of that covered institution who was in its employment as ofthe day prior to the effective date of the initial Management Agreement,except employees of the University of Virginia Medical Center, shall bepermitted to elect to participate in and be governed by either (i) the statehuman resources program set forth in Chapters 28 (§ 2.2-2800 et seq.) and 29(§ 2.2-2900 et seq.) of Title 2.2, or (ii) the human resources program orprograms established by the governing body of that covered institutionpursuant to § 23-38.116. A salaried nonfaculty Covered Employee who elects toparticipate in and be governed by the human resources program or programsestablished by the governing body of that covered institution pursuant to §23-38.116 also, by that election, shall be deemed to have elected to beeligible to participate in and to be governed by the human resources plans,programs, policies and procedures that are or may be adopted by that coveredinstitution for his classification of employees pursuant to §§ 23-38.118,23-38.119, and 23-38.120.

B. If the governing body of a covered institution establishes a humanresources program or programs pursuant to § 23-38.116, the coveredinstitution shall provide each of its salaried nonfaculty Covered Employeeswho was in its employment as of the day prior to the effective date of theinitial Management Agreement, except employees of the University of VirginiaMedical Center, with a period of at least 90 days after the effective date ofthe institution's human resource program for his classification of employeesto make the election required by subsection A. If such a salaried nonfacultyCovered Employee does not make an election by the end of that 90-day period,he shall be deemed not to have elected to participate in the human resourcesprogram or programs established by the covered institution pursuant to §23-38.116. If such a salaried nonfaculty Covered Employee elects toparticipate in the human resources program or programs established by thecovered institution pursuant to § 23-38.116, that election shall beirrevocable. At least every two years, a covered institution shall offer tosalaried nonfaculty Covered Employees who have elected to continue toparticipate in the state human resources program set forth in Chapters 28 (§2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2 an opportunity toelect to participate in the human resources program or programs establishedby the covered institution pursuant to § 23-38.116; provided that, each timeprior to offering such opportunity to such salaried nonfaculty CoveredEmployees, and at least once every two years after the effective date of thehuman resources program or programs established pursuant to § 23-38.116, thecovered institution shall make available to each of its salaried nonfacultyCovered Employees a comparison of its human resources program for thatclassification of salaried nonfaculty Covered Employee with the state humanresources program for comparable state employees, including but not limitedto a comparability assessment of compensation and benefits.

(2005, cc. 933, 945.)