§§ 301, 302. Repealed. 1987, No. 243 (Adj. Sess.), § 8, eff. June 13, 1988.
§§ 303-305. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
§§ 306, 307. Repealed. 1969, No. 113, § 7.
§ 308. Repealed. 1959, No. 331 (Adj. Sess.), § 15, eff. Feb. 9, 1960.
§ 309. Duties of Commissioner of Human Resources
(a) The Commissioner, as administrative head of the Department, shall direct and supervise
all its administrative and technical activities. In addition to the duties imposed
elsewhere in this chapter, it shall be the Commissioner’s duty:
(1) To apply and carry out this chapter and the rules adopted in accordance with this
chapter.
(2) To establish and maintain a roster of all classified employees in the State civil
service, in which there shall be set forth, as to each employee, the class title,
pay or status and other pertinent data.
(3) To foster and develop, in cooperation with the appointing authorities, programs for
the improvement of employee effectiveness, including orientation, training, safety,
health, counseling, and welfare.
(4) To encourage and aid in the development of effective personnel administration within
the several departments in the State service, and to make available the facilities
of the Department of Human Resources to this end.
(5) To investigate from time to time the operation and effect of this chapter and of the
rules adopted in accordance with this chapter and to report the Commissioner’s findings
to the Secretary of Administration and to the Governor.
(6) To make such reports regarding the work of the Department of Human Resources as the
Commissioner may consider desirable and as may be required of the Commissioner to
the Secretary of Administration and to the Governor.
(7) To maintain a continuous study of the status and availability of temporary employees,
to receive and maintain adequate records and reports as to those employees, and cooperate
with the State employment service in establishing lists of persons available for temporary
employment.
(8) To establish a standard reporting form on contractual employees and to receive and
maintain records indicating their status.
(9) To establish an employee census report providing for the systematic and regular accounting
of all persons employed by the State in all categories of employment.
(10) To maintain registers of persons eligible for employment and to verify the availability
of those persons certified to an appointing authority.
(11) To cooperate with all State agencies in initiating and maintaining a trainee-internship
program, a recruitment program for clerical, administrative, and professional positions,
which shall include visits to Vermont high schools, colleges, and universities.
(12) To design and make available to all State agencies service rating forms.
(13) To compile and publish a manual, which shall be kept current, containing the pertinent
statutes and rules of the Department of Human Resources and its rules of procedure
and forms prescribed for use by rule.
(14) To perform any other lawful act that may be necessary and proper to carry out the
purposes and provisions of this chapter.
(15) With the approval of the Governor, the Commissioner may appoint and employ a general
legal counsel, to be exempt from the classified service, and who shall report directly
to the Commissioner of Human Resources.
(16)-(18) [Repealed.]
(19) Annually on or before January 15, the Commissioner of Human Resources shall submit
to the General Assembly a report on the status of the State employee workforce. The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
subsection. All reporting on numbers of State employees shall include numbers stated
in “full-time equivalent” positions. The report shall consolidate reports mandated
by the General Assembly, as well as other information regarding developments in State
employment, including:
(A) use of temporary employees;
(B) use of limited service positions;
(C) vacancies of more than six months’ duration;
(D) use of emergency volunteer leave under section 265 of this title;
(E) development of compensation plans;
(F) developments in equal employment opportunity;
(G) use of the position management system;
(H) abolished or transferred classified and exempt State positions.
(20) To maintain a central payroll office, personnel earnings records, and records on authorized
deductions.
(21) To certify, by voucher, to the Commissioner of Finance and Management all necessary
and appropriate disbursements associated with the payroll function.
(b) The Commissioner, with the approval of the Secretary of Administration, may from time
to time designate in writing an employee of the Department of Human Resources to act
for him or her in case of his or her absence or temporary inability from any cause
to discharge the powers and duties of the Commissioner’s office. In that case, the
powers and duties of the Commissioner shall devolve upon his or her representative.
(c) The Commissioner may designate appropriate persons, including officers and employees
in State service, to assist in the preparation and rating of tests. An appointing
authority may excuse any employee in the division or department from regular duties
for the time required for work as an examiner. Such officers and employees shall
not be entitled to extra pay for their services as examiners but shall be entitled
to reimbursement for necessary travel and other expenses. (Amended 1959, No. 331 (Adj. Sess.), § 4, eff. Feb. 9, 1960; 1961, No. 177, § 3; 1971, No. 191 (Adj. Sess.), § 16; 1981, No. 249 (Adj. Sess.), § 23, eff. July 4, 1982; 1993, No. 210 (Adj. Sess.), § 12; 1995, No. 123 (Adj. Sess.), § 2, eff. June 6, 1996; 1997, No. 28, § 11, eff. May 15, 1997; 1999, No. 145 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 302b; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 8; 2013, No. 142 (Adj. Sess.), § 6; 2015, No. 172 (Adj. Sess.), § E.108.3, eff. June 8, 2016; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 309a. Employment of persons with disabilities
(a) The Commissioner shall adopt rules under chapter 25 of this title in consultation
with appropriate vocational rehabilitation agencies, interested private associations
and organizations, and interested individuals to establish procedures on the employment
of persons with disabilities.
(b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons
with a disability. The Commissioner may require certification by the Commissioner
of Disabilities, Aging, and Independent Living to accompany the usual application
for employment. The Commissioner of Disabilities, Aging, and Independent Living shall
indicate in its certification that:
(1) the applicant is physically qualified to do the work without hazard to himself or
herself or others; and
(2) the applicant is competent to maintain himself or herself in a work environment.
(c) The Commissioner, in his or her discretion, may waive qualifications which exclude
a person with a disability who is otherwise qualified. A waiver may apply to competitive
entrance examinations, provisions relating to previous experience, or any other requirement
for qualification. A waiver is to be used for equal access to employment, not for
an advantage. (Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.)
§ 310. Classification plan; rules
(a) The Department of Human Resources shall adopt a uniform and equitable plan of classification
for each position within State service, now or hereafter created, including positions
within the Department of Public Safety, except those positions expressly excluded
by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment
of positions to salary ranges, the plan shall be based upon a job content comparison
method of job evaluation. As used in this section, “job content comparison method”
means a system under which positions are assigned to salary ranges based on a scale
of values against which job evaluations of individual positions are compared.
(b) It shall be the responsibility of the Department of Human Resources to perform job
evaluations for each position based on current job descriptions that describe the
nature, scope, and accountabilities for each class of employees. It shall be the
responsibility of the head of each department to provide current job descriptions
for all positions within his or her department and such other information as may be
required to the Department of Human Resources in order to enable that department to
carry out its responsibility under this section.
(c) The Department of Human Resources, upon the approval of the General Assembly, shall
establish and maintain a salary structure consisting of salary ranges with a minimum
salary and a maximum salary for each range. Classes shall be assigned to salary ranges
based upon the job evaluation provided for under subsection (b) of this section.
(d) Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary
of Administration shall adopt rules and procedures to carry out the foregoing provisions
of this section.
(e) Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner
of Human Resources shall adopt rules and methods of qualifying employees for positions
as will make the plan effective, and shall adopt rules governing appointments, probation,
promotions, demotions, transfers, separations, vacations, sick leave, and hours of
employment applicable to persons in the classified service.
(f) The Classification and Compensation Plan and the rules for personnel administration
shall be based on merit system principles and shall provide for compliance with the
laws relating to preference granted to qualified persons who have served in the U.S.
Armed Forces and received honorable discharge.
(g)(1) After the requirements of an applicable collective bargaining agreement have been
satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action,
the State shall make a diligent effort to recruit, interview, and hire:
(A) those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and
(B) the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who
currently receive disability compensation or improved pension from the U.S. Department
of Veterans Affairs and are unable to work due to disability and the surviving spouses
of veterans in cases where the surviving spouse currently receives dependency indemnity
compensation from the U.S. Department of Veterans Affairs.
(2) Veterans who apply for and meet the requirements for any open competitive recruitment
that is conducted using a point-based examination and who receive a passing score
shall have five points added to their competitive examination rating, and service-connected
disabled veterans, veterans’ unremarried widows or widowers, and spouses of totally
service-connected disabled veterans who meet the requirements for any open competitive
examination and who receive a passing score shall have ten points added to their competitive
examination rating, subject to the provisions contained in 20 V.S.A. § 1543.
(h) Those individuals qualifying under subdivision (g)(1)(A) of this section shall be
entitled to apply and compete for vacant positions for which recruitment is being
conducted only on a statewide promotional basis.
(i) The appeal procedures for classification and reclassification of an employee’s or
employees’ positions shall be a subject for collective bargaining and when bargained
this aspect of employment may be included as a grievance under subdivision 902(14) of this title.
(j) Subject to the provisions of the collectively bargained agreements with the Vermont
State Employees’ Association, the Secretary of Administration may exceed established
classified pay plan maximums to implement market factor adjustments for the purpose
of attracting and retaining qualified employees in the classified system. (Amended 1959, No. 331 (Adj. Sess.), § 5, eff. Feb. 9, 1960; 1961, No. 35, eff. March 24, 1961; 1961, No. 177, § 4; 1969, No. 113, § 4; 1971, No. 191 (Adj. Sess.), § 2; 1971, No. 193 (Adj. Sess.), §§ 1, 17, eff. April 3, 1972; 1975, No. 118, § 66, eff. April 30, 1975; 1979, No. 59, § 10; 1979, No. 90 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1981, No. 249 (Adj. Sess.), § 24; eff. July 4, 1982; 1989, No. 67, § 15; 1997, No. 147 (Adj. Sess.), § 274b; 2003, No. 111 (Adj. Sess.), § 1; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 85, § E.108.2; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 311. Classified service defined; exceptions
(a) The classified service to which this chapter shall apply shall include all positions
and categories of employment by the State, except as otherwise provided by law, and
except the following:
(1) The General Assembly and its employees and other officers elected by popular vote
or by vote of the General Assembly and persons appointed to fill vacancies in elective
offices.
(2) Members of boards and commissions and heads of departments or agencies appointed by
the Governor, or with his or her approval.
(3) One principal or executive assistant, one deputy to the head of a department or agency,
one private secretary, and one executive director for each board or commission or
head of a department or agency elected or appointed by the Governor or General Assembly.
However, nothing in this subdivision shall be construed to prevent a board, commission,
or director or head of a department or agency from designating a classified employee
to perform the duties of a principal assistant, deputy, executive director, or private
secretary.
(4) Employees in the office of the Governor.
(5) Judges, referees, receivers, jurors, and notaries public, and all other officers and
employees of a court.
(6) Presidents and heads of all State teachers colleges and employees of such colleges.
(7) Patients or inmates employed in State institutions.
(8) Persons employed in a professional or scientific capacity to make or conduct a temporary
and special inquiry, investigation, or examination on behalf of the General Assembly
or a committee of the General Assembly, or by authority of the Governor.
(9) Positions for which the salary or compensation is fixed by statute.
(10) A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.
(11) Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.
(12) Assistant Attorneys General and Special Assistant Attorneys General.
(13) [Repealed.]
(14) Attorneys employed as legal advisors or special counsel outside the Office of the
Attorney General, including special counsel for the Public Utility Commission.
(15) The clerk and reporter employed by the Occupational Safety and Health Review Board.
(16) Employees of firms engaged by the Department of Buildings and General Services to
perform custodial and maintenance services.
(b) Positions in the uniformed State Police within the Department of Public Safety shall
be deemed to be within the classified service for purposes of job evaluation and assignment
of position classes to salary ranges only, and not otherwise. (Amended 1961, No. 177, § 6; 1963, No. 170, § 1; 1965, No. 44, § 2, eff. May 5, 1965; 1965, No. 125, § 4, eff. July 2, 1965; 1967, No. 147, § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43, § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59, §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67, § 16; 1993, No. 93, § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2; 2019, No. 144 (Adj. Sess.), § 19; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 312. Classification plan; definition
(a) The term “merit system” means the system developed to maintain an efficient career
service in State government under public rules, which, among other provisions, includes
appointment through competitive examination; nondiscrimination because of race, sex,
politics, national origin, or religion; an equitable and adequate compensation plan;
tenure, contingent on successful performance; and promotion, contingent on evaluated
capacity and service.
(b) Merit system principles are:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(2) [Repealed.]
(3) training employees, as needed, to ensure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, correcting
inadequate performance, and separating employees whose inadequate performance cannot
be corrected;
(5) assuring fair treatment of applicants and employees in all aspects of personnel administration
without regard to political affiliation, race, color, national origin, sex, or religious
creed and with proper regard for their privacy and constitutional rights as citizens;
and
(6) assuring that employees are protected against coercion for partisan political purposes
and are prohibited from using their official position for the purpose of interfering
with or affecting the result of an election or a nomination for office.
(c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever
federal requirements are applicable to programs as a condition for receipt of federal
funds or assistance, all agency secretaries, department heads, division heads, and
other State officers, with the approval of the Governor or of the person as the Governor
may designate, are authorized to take such action as is necessary to ensure that all
personnel practices in those programs are in accordance with federal laws, regulations,
and requirements. This provision shall not be construed to authorize the impairment
of the State’s obligations under any contract or agreement, or of the vested rights
and remedies of any person. (Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 313. Cost of operating plan
The cost of operating the plan selected and adopted shall be prorated to each agency
on the basis of the number of employees in each agency.
§ 314. Duty to furnish facilities
All officers and employees of the State shall allow the department the reasonable
use of public buildings under their control, and furnish heat, light, and furniture,
for any examination, hearing, or investigation authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.)
§ 315. Duties of State officers and employees
All officers and employees of the State shall comply with the provisions of this chapter
and lawful rules and orders of the Commissioner of Human Resources. The Commissioner
of Human Resources, with the approval of the Governor, may institute and maintain
any action or proceeding to secure compliance with the provisions of this chapter
and lawful rules and orders. (Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 316. Records of the Department of Human Resources
The records of the Department, except such records as the rules may properly require
to be held confidential for reasons of public policy, shall be public records and
shall be open to public inspection, subject to reasonable rules as to the time and
manner of inspection as may be prescribed by the Commissioner. (Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 317. Oaths, testimony, and the production of records
The Commissioner shall have the power to administer oaths, subpoena witnesses, and
order the production of books and papers pertinent to any investigation or hearing
authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113, § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.)
§ 318. Offenses
(a) No person shall make any false statement, certificate, mark, rating, or report with
regard to any test, certification, or appointment made under any provision of this
chapter or in any manner commit any fraud preventing the impartial execution of this
chapter and the rules.
(b) No employee of the Department, examiner, or other person shall defeat, deceive, or
obstruct any person in his or her right to examination, eligibility, certification,
or appointment under this chapter, or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects of any person with
respect to employment in the classified service.
(c) Any person who wilfully violates any provision of this section shall be guilty of
misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned
for not to exceed 60 days, or both.
§ 319. Repealed. 1959, No. 262, § 37, eff. June 11, 1959.
§§ 320, 321. Repealed. 1969, No. 113, § 7.
§ 322. Rating service forms, completion and disposition
All officers and employees of the State who act in a supervisory capacity shall at
least annually complete service rating forms for each classified employee under their
immediate supervision in accordance with the service rating procedures established
by the Commissioner of Human Resources. One copy of the rating form shall be provided
to the employee and one copy shall be retained by the agency. (Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)
§ 323. Definitions
As used in this chapter, unless the context clearly requires otherwise:
(1) “Accountability” means the degree to which the holder of a position is accountable
for the end results of his or her job performance.
(2) “Bona fide emergency” means an unanticipated need for short-term staffing:
(A) to prevent significant disruption to the continued operation of State government;
(B) to avoid serious or imminent harm to the public, critical services, or other staff;
or
(C) to avoid jeopardizing public safety.
(3) “Class” means one or more positions sufficiently similar in nature, scope, and accountability
that the same title, test of fitness, and schedule of compensation may be applied
to each position.
(4) “Job evaluation” means the systematic method used to determine the value of each job
in relation to other jobs within the State service.
(5) “Seasonal employment” means employment in a temporary position with a specific start
date and anticipated end date for a period of not more than seven months in any 12-month
period or employment in a temporary position with a specific start date and anticipated
end date for a period of more than seven months that has been approved by the Commissioner
of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment
includes employment in temporary positions that are available on a reoccurring basis
from year to year. (Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58, § 2.)
§ 324. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
§ 325. Repealed. 1977, No. 109, § 33(a), eff. July 1, 1978.
§ 326. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.
§ 327. Hiring
(a) When a vacancy in the classified service occurs, the appointing officer shall make
a diligent effort to recruit an employee from within the classified service to fill
the vacancy.
(b) Any position which has been vacant for a period of six months shall be eliminated
unless the Secretary of Administration determines that the position is essential and
has remained vacant because of specific professional qualifications. (Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109, § 24, eff. July 3, 1977.)
§ 328. Repealed. 1997, No. 59, § 6, eff. June 30, 1997.
§ 329. Probationary and temporary employees; pay adjustment
Original probationary and temporary employees at the minimum of their pay grades shall
be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum. (Added 1989, No. 67, § 17.)
§ 330. Vermont Internship Program
(a) A Vermont Internship Program is created:
(1) to attract persons to train for and then serve State government in occupations where
the State anticipates difficulty attracting or retaining qualified employees;
(2) to provide an enriched experience designed to bring trainees to full class performance
levels in a logical and systematic manner;
(3) to support equal employment opportunity; and
(4) to provide upward mobility, lateral movement, or other opportunities for current employees
who have demonstrated high potential.
(b) Position authorization.
(1) [Expired.]
(2) The positions may be created in response to real or anticipated recruitment and retention
difficulties or in instances where the Commissioner has determined the State’s needs
for individuals to serve in a certain position will best be met through the Vermont
Internship Program.
(3) Each position authorized by the Commissioner shall be established for a specific period
of time not to exceed five years. In accordance with the approved plan, or where
the Commissioner deems it appropriate, Vermont Internship Program positions shall
revert to the Commissioner for reallocation.
(4) Departments or agencies shall use existing monetary resources to fund the positions
created under this section.
(5) Requests for positions under the Vermont Internship Program shall be in a form and
following procedures prescribed by the Commissioner. All requests shall certify that
all reasonable efforts shall be made to ensure a vacant position will be available
to each Vermont Internship Program participant upon completion of the program.
(c) Eligibility.
(1) Any person shall be eligible to compete for participation in the Vermont Internship
Program.
(2) Outreach efforts shall be extended appropriately to ensure that all segments of the
qualified populace are informed about opportunities to apply and compete for these
vacancies on the basis of merit.
(d) Selection and retention.
(1) Departments and agencies have final responsibility for selection of Vermont Internship
Program candidates using criteria and procedures to be issued by the Department of
Human Resources.
(2) Departments shall make a diligent effort to select Vermont internship participants
from among applicants who are State employees.
(3) A Vermont Internship Program employee must maintain a satisfactory performance rating
at all times for job-training activities, must receive at least a grade of C (or its
equivalent) in classes taken as part of the Vermont Internship Program plan, and,
if enrolled in any degree program, must maintain minimum requirements by the educational
institution.
(e) Development of candidates.
(1) All Vermont Internship Program members shall have individual development plans approved
by the Commissioner of Human Resources.
(2) The actual developmental systems used, whether job rotation, special projects, details,
or progressively more difficult tasks, education, and training, shall form part of
the individual development plans.
(3) The department or agency making use of a Vermont Internship Program shall conduct
regular reviews of performance and progression of capabilities and shall submit written
documentation of this on a form and using procedures provided for by the Commissioner
of Human Resources.
(f) Rights of Vermont Internship Program members.
(1) Vermont Internship Program participants shall be deemed to be classified State employees
in their initial probationary period for the entire period of their participation,
and continuation of one’s training in Vermont Internship Programs shall be in the
discretion of the appointing authority. They shall be paid the minimum rate for comparable
positions in the classified service, unless otherwise authorized by the Commissioner
of Human Resources.
(2) Vermont Internship Program participants shall agree to work in a State position consistent
with the approved plan after completion of the planned Vermont internship for a period
of time equal to the length of Vermont Internship Program participation. Any Vermont
Internship Program member who does not satisfy this requirement shall reimburse the
State for all tuition, fees, and expenses paid by the State in connection with Vermont
Internship Program participation, including salary paid during periods of paid educational
leave, unless waived by the Commissioner of Human Resources.
(3) Unless authorized by the approved plan, Vermont Internship Program participants shall
participate in on-the-job training of at least 20 hours per week. They are eligible
for State classified medical and life insurance plans as well as leave benefits in
the same manner and to the same extent as State employees working similar schedules.
(4) Upon satisfactory completion of the Vermont Internship Program, the participants shall
be eligible for noncompetitive appointment to a vacant position consistent with the
approved plan, which shall be made available by the participating department unless
waived by the Commissioner of Human Resources.
(5) Notwithstanding any provision to the contrary in sections 455 et seq. of this title,
upon completion of a State employment commitment described in subdivision (2) of this
subsection, such employee shall receive State employment retirement credit for all
Vermont Internship Program time.
(6) A classified State employee who accepts an appointment to the Vermont Internship Program
shall be entitled to a leave of absence in the same manner and to the same extent
as if he or she had accepted appointment to an exempt position in State government.
(7) Vermont Internship Program members aggrieved under this section shall have right of
appeal to the Commissioner of Human Resources who shall decide.
(8) Nothing provided for in this section shall be construed to be inconsistent with or
in violation of section 310 or 312 of this title. (Added 1989, No. 80, § 1; amended 1989, No. 277 (Adj. Sess.), § 13; 2003, No. 156 (Adj. Sess.), § 15; 2025, No. 18, § 9, eff. May 13, 2025.)
§ 331. Temporary employees
(a) The State shall not employ any person in a temporary capacity except in accordance
with the provisions of this section.
(b)(1) On request of the appointing authority, the Commissioner of Human Resources may approve,
in writing, the creation of a temporary position and the hiring of a person to fill
such temporary position only if the position and person are needed:
(A) to meet a seasonal employment need of State government;
(B) to respond to a bona fide emergency;
(C) to fill in for the temporary absence of an existing employee, or a vacancy in an existing
position; or
(D) to perform a governmental function that requires only intermittent, sporadic, or ongoing
employment, provided that such employment does not exceed 1,280 work hours in any
one calendar year.
(2)(A) Except as provided in subdivision (1) of this subsection (b), the Commissioner shall
not approve the creation of a temporary position or the hiring of a person to fill
such temporary position if the governmental function is ongoing and continuing.
(B) The Commissioner shall not approve the creation of a temporary position or the hiring
of a person to fill such temporary position if approval is intended to circumvent,
or has the effect of circumventing, the policies and purposes of the classified service
under this chapter.
(c)(1) The Commissioner may authorize the continued employment of a person in a temporary
capacity for more than 1,280 hours in any one calendar year if the Commissioner determines,
in writing, that a bona fide emergency exists for the appointing authority that requires
such continued employment.
(2) It shall be the responsibility of the head of each department to provide to the Department
of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour
limit within his or her department and such other information as may be required in
order to enable that department to carry out its responsibility under this section.
(3) The Commissioner may authorize seasonal employment in a specific position for a period
of between seven and 12 months if the Commissioner determines, in writing, that the
nature and duties of the position require the employment of a person for a period
of more than seven months in a 12-month period. The Commissioner shall not authorize
seasonal employment for a period of more than seven months in a 12-month period if
the authorization is intended to circumvent, or has the effect of circumventing, the
policies and purposes of the classified service under this chapter. Annually, on or
before January 15, the Commissioner shall submit a report to the House Committee on
Government Operations and Military Affairs and the Senate Committee on Government
Operations:
(A) the total number of positions in seasonal employment that have been authorized for
a period of between seven and 12 months during the prior calendar year;
(B) the agency or department that each position identified in subdivision (A) of this
subdivision (3) is assigned to; and
(C) the period of time that each identified position is authorized for.
(d) The Commissioner may transfer and convert existing, vacant positions in the Executive
Branch of State government to replace the temporary positions of long-term temporary
employees who are performing ongoing and continuing functions of State government
for more than 1,280 work hours in any one calendar year.
(e) Any party aggrieved by a decision of the Commissioner under this section may request
that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner’s
reconsideration to the Vermont Labor Relations Board pursuant to the rules of the
Board. Within 90 days of the filing of an appeal, the Board shall determine if the
Commissioner of Human Resources abused his or her discretion under this section. If
the Board determines that there has been an abuse of discretion, the Board shall remand
the decision back to the Commissioner and order that corrective action be taken within
90 days of the Board’s order. The Commissioner, in his or her sole discretion, may
replace the temporary employee with a permanent position, or eliminate the temporary
position and grant reemployment rights if those rights would have been provided to
a classified employee under the relevant collective bargaining agreement.
(f) An individual employed in a temporary or seasonal capacity shall be entitled to the
whistleblower protections, rights, and remedies provided to State employees pursuant
to sections 971-978 of this title. (Added 1993, No. 93, § 3; amended 1999, No. 145 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 163 (Adj. Sess.), § 1; 2017, No. 154 (Adj. Sess.), § 7, eff. May 21, 2018; 2019, No. 58, § 3; 2019, No. 58, § 10, eff. July 1, 2024.)
§ 332. Human resource development services
The Commissioner of Human Resources is authorized to provide human resource development
services, and access to human resource development equipment and facilities:
(1) for State government entities and nonstate entities provided that the human resource
development needs of State entities shall take precedence over those of nonstate entities;
(2) under a schedule whereby the participants are charged reasonable fees based on the
cost of providing the service and access to the equipment and facilities;
(3) any fees so charged may contain a surcharge for nonstate entities; and
(4) all fees collected under this section shall be credited to the Human Resource Development
Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset
and enhance the provision of human resource development. (Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.)
§ 333. Human resource recruitment services
(a) The Commissioner of Human Resources is authorized to develop programs and take measures
to increase the quantity of qualified applicants applying for employment by the State.
(b) Appropriate activities include: the placement of advertisements for recruitment of
open and continuous recruitment positions, both within and outside the classified
service, for all State government entities; listing of positions with governmental
and private entities that maintain job listings; and attendance at job and recruitment
fairs.
(c) The Commissioner is authorized to charge other governmental entities for the costs
associated with furnishing the services described in this section. All fees collected
under this section shall be credited to the Human Resource Recruitment Special Fund
established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset
the cost of and enhance the provision of human resource recruitment services. (Added 2001, No. 11, § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.)