§ 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.)