Your employee handbook is designed to provide a general overview of the state’s personnel policies, rules and regulations, and the benefits and privileges available to you. Whether you are a new or current employee, we hope this handbook will help you understand your rights and responsibilities as an employee, as well as the general rules and regulations which affect your employment.

If at any time you need more details about a particular topic, your handbook provides a source of references through which you may obtain further information. You are encouraged to consult these references or ask your supervisor for additional information regarding any aspect of your employment.

This handbook is not designed to be a manual of all procedures and rules and cannot provide an answer for each question or a solution for each circumstance that may arise. We must make it clear that this handbook is presented as a matter of information only and is not a contract of employment. Each department, division, agency, board, commission, or spending unit reserves the right to exercise its judgement depending on each particular situation. Adherence to the guidelines in this handbook is not to be considered binding.

This handbook has been customized to provide you with additional information about policies, procedures, and work site rules that are specific to the Department and its divisions. From time to time, your handbook may be changed or revised and you will be notified of these changes.

This handbook remains the property of the Department of Transportation. While employed with the Department, please consider it your personal copy and keep it up-to-date as new and/or revised pages are distributed. Should you leave employment with the Department of Transportation, please return the handbook to your supervisor.

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The Department of Transportation was created by the West Virginia Legislature in 1989 as one of the seven departments in the executive branch of state government. The secretary is the administrative head of the Department and is appointed by the governor with the consent of the senate.

The Department is chiefly responsible for developing and maintaining multimodalism by combining highway, rail, air, and water transportation infrastructures to maximize overall economic advantages to business, industry, and the citizens of West Virginia. In addition, the Department provides for the licensing of operators of motor vehicles and the titling and registration of all types of motor vehicles and watercrafts.

The following divisions, authorities, and commissions are administered as part of the Department of Transportation:

Division of Highways
Parkways, Economic Development
and Tourism Authority
Division of Motor Vehicles
State Rail Authority
Aeronautics Commission
Public Port Authority
Public Transit

MISSION STATEMENT

To provide the leadership, organizational structure, and management skills to foster a cooperative and mutually supportive group of multi-disciplined agencies that can provide safe, efficient, and environmentally sound movement of people, goods, and services, and to administer efficiently and effectively a series of motor vehicles and driver services for a growing and economically progressive West Virginia.

The state of West Virginia reaffirms its policy of equal employment opportunity for all individuals without discrimination because of race, color, religion, sex, age, national origin, disability, veteran’s status, or other basis prohibited by law. Underscoring this policy is our commitment to the best use of all our employees while providing them with a safe, productive, and professional work environment.

West Virginia State government has undertaken a formal affirmative action program for all qualified individuals as a means of ensuring the competitive availability of all management and staff positions, training and promotional opportunities. Only through aggressive pursuit of our affirmative action goals can we ensure that all resources are utilized to their fullest extent.

Our policy of non-discrimination shall prevail throughout every aspect of employment including the hiring process, salary administration, promotions, and transfers. All personnel policies and practices are based on job requirements, job performance, and job related criteria. Assuring equal employment opportunity as well as actively pursuing affirmative action where appropriate is a fundamental and direct responsibility of all levels of management.

Within each state agency, a trained Equal Employment Opportunity Counselor has been appointed as a resource to assist interested parties with their concerns. You are encouraged to speak with your agency counselor, or to contact our state Equal Employment Opportunity Office for further information.

The continued success of equal employment opportunity depends in large measure not only on the commitment and involvement of those directly responsible for the program’s implementation, but also on the dedication of all our employees. Just as we all share the responsibility for meeting the challenges of our business objectives, each of us must assume a leading role in making our Equal Employment Policy work effectively.

The Equal Employment Opportunity Council was formed in 1993 to ensure that each agency outlined a plan to increase minority and female representation in all areas of state government. Each agency is represented on the Council by an EEO Coordinator who is trained to be the agency resource for all EEO-related matters. The Coordinators identify and assist in the resolution of problems, and provide leadership on agency EEO program initiatives.

As a means of ensuring that all segments of society have full access to state government employment, each Counselor and agency head have developed a formal affirmative action plan as part of their EEO program. EEO Counselors monitor both minority and female participation levels throughout their agency as well as the most current labor statistics.

The EEO Complaint Protocol was signed into policy in 1993 and a new policy signed in June 1998. All employees are encouraged to speak informally and confidentially with either their agency or department-level EEO Counselor should they require assistance with an EEO-related concern. Counselors have copies of the Complaint Protocol for your review and can assist you with filing a formal complaint should that be an appropriate means for resolution.

Should you have any questions, contact the DOT/DOH EEO Office at 558-3862, or the State EEO Office at 558-0400.

Division of Personnel policies and bulletins cover work issues and clearly outline your rights and responsibilities as an employee. A complete set of policies and bulletins will be maintained at each work site in a central location that is easily and openly accessible to all employees. The following policies and bulletins should include:

DOP-P1 Smoking Restrictions

DOP-P2 Drug-Free Workplace

DOP-P3 Agency Dress Codes

DOP-P4 Emergency Situations/Inclement Weather

DOP-P5 Annual Increment

DOP-P6 Sexual Harassment Prohibited

DOP-P7 Workers’ Compensation/Sick Leave

DOP-P8 Policy on Policies

DOP-P9 Reference Checks

DOP-P10 Witness/Jury Service

DOP-P11 Posting of Job Openings

DOP-P12 Pay Plan Implementation

DOP-P13 Temporary Classification Upgrades

DOP-P14 Delayed Payroll Assignment

DOP-P15 Workplace Security

DOP-P16 Educational Expense Reimbursement/Leave Program

DOP-P17 Employee Evaluation

DOP-P18 Supervisory/Manager Training Program

DOP-P19 Severance Pay

DOP-P20 Fair Labor Standards Act for State Employees

DOP-B1 Parental Leave

DOP-B2 Whistle-Blower Law

DOP-B3 Public Employees Retirement System Participation

DOP-B4 Grievance Procedure/Related Costs

Memorandum – Political Activities (latest revision 4-24-98)

State government agencies provide many diverse services to West Virginia citizens. Some agencies may find it necessary to establish work site policies that are not needed in the entire state government system.

For example, work site policies may be implemented in a particular agency to protect employees who work with electrical equipment or handle confidential information. Under these circumstances, agencies are free to establish work site policies that do not violate state or federal laws and regulations. If you are unsure about a work site policy, ask your supervisor for more information or clarification.

These policies are administered throughout each division within the Department in accordance with Division of Personnel policies and procedures and state and federal law.

DOT Policies

• Orientation of New Employees – Administrative Operating Procedures, Volume IX, Chapter 7
• Attendance, Leave and Overtime – Administrative Operating Procedures, Volume IX, Chapter 9
• Exit Interviews – Administrative Operating Procedures, Volume IX, Chapter 11
• Disciplinary Action, Suspension and Dismissal – Administrative Operating Procedures, Volume IX, Chapter 12
• Transfers and Reassignments Ordered by Management – Administrative Operating Procedures, Volume IX, Chapter 14
• Merit Increase Policy – Administrative Operating Procedures, Volume IX, Chapter 15
• Immigration Procedures – Administrative Operating Procedures, Volume IX, Chapter 17
• Conflict of Interest and Gifts and Gratuities – Administrative Operating Procedures, Volume IX, Chapter 22
• Posting and Filling of Vacancies – Administrative Operating Procedures, Volume IX, Chapter 23
• Drug Free Workplace – Administrative Operating Procedures, Volume IX, Chapter 27

Should you need more information about policies and bulletins, ask your supervisor for copies, or call DOT/DOH Human Resources Division at (304) 558-3111.

In addition, work site policies and/or standard operating procedures may exist not only within the Department as a whole, but also with each division. Of course, division policies and operating procedures must be in accordance with the provisions set forth by the Division of Personnel and state and federal law.

Generally, employees of the state fall into one of the following categories: classified, classified-exempt, and temporary exempt.

Individuals in the classified service are employed in those positions which are covered by merit system (civil service) standards for employment. Generally, these standards provide for open competition of applicants for employment, fair treatment of applicants and employees in all aspects of personnel administration, protection of employees against coercion for partisan political purposes, and separation of permanent employees for cause or curtailment of work or funds. These standards are enforced by the Division of Personnel and are reflected in its Administrative Rule. 

Generally, classified employment begins when an individual is selected for a position from a competitive list, or register, of eligible candidates for classified service. Employees hired into classified service must complete a probationary work period before being granted permanent status.

There are other types of classified service which include: provisional, intermittent and temporary appointments. For more information on these types of employment, please call the Human Resources Division at (304)558-3111.

Classified-exempt employees serve in those positions which are not subject to merit system standards. These positions include those which are policy-making or appointed by the governor. However, upon agency discretion, the policies and rules that apply to classified employees may also be uniformly applied to classified-exempt employees in these positions.

WV Code, Chapter 29-6-4, contains a complete list of classified-exempt positions and/or offices.

These employees serve in a temporary appointment for a brief and specific period of time in one of the capacities listed below. Employees in this category are not eligible to earn sick or annual leave, are not paid for holidays, nor can they participate in the insurance or retirement programs. This type of employment includes: 30-day emergency, 90-day exempt, 160-day temporary exempt, and student exempt.

The U.S. Department of Transportation through the Federal Highway Administration has issued rules for drug and alcohol testing of government employees in safety-sensitive positions. These rules include an express prohibition of alcohol misuse and/or non-medical use of controlled substances by Division of Highways employees in specific positions. In addition, alcohol use is prohibited during and four hours prior to performing safety-sensitive functions. Employees in covered positions, as defined by policy, are required to participate in the various drug and alcohol testing programs as a condition of employment.

The West Virginia Department of Transportation will conduct drug/alcohol screening on employees as required by the drug and alcohol testing rules. The testing will be accomplished either through the collection of urine samples and/or breath alcohol concentrations. Employees in safety-sensitive positions, as defined by policy, are required by the Department of Transportation to be tested in the following categories:

The probationary period is part of the hiring process for classified service. During the probationary period, supervisors will observe your work in an on-the-job setting, help you learn new duties and responsibilities, and determine how well you are suited for a particular job.

The probationary period for classified employee’s lasts six months to one year, depending on the job classification. Classified-exempt employees may be required by their agency to serve a probationary period as well. Your supervisor will look closely at your progress during this period. If your work progress is satisfactory and the decision is made to continue your employment, you will be given permanent status at the end of the probationary period.

The probationary period for the State Rail Authority Program is based on Federal Guidelines 49CFR, Part 219.

Tenure, or length of employment, is used to determine a variety of benefits including annual leave accrual rate, annual increment, years of service credit for retirement benefits, and eligibility for longevity increases.

Credit toward tenure will not be earned if you are on leave of absence without pay. During military leave or subsidized educational leave, your tenure will accumulate, but you will not earn sick or annual leave.

Tenure may also be considered in your agency for things such as shift assignment, overtime rotation, parking assignment, and vacation scheduling.

Your work hours depend on the functions of your agency and job responsibilities. Therefore, your work schedule may vary from those of other state employees or other state agencies. Within the Department of Transportation there are variations in work schedules. The standard workweek and normal hours of work will be discussed with you during your orientation. Information about the specific schedule for your position is available from your supervisor.

Work schedules calling for varying hours or extended hours are established by management when necessary. For example, some operations schedule four ten-hour days per week; other operations may require shift work. All employees will be expected to work the hours as established by appropriate authority.

By its simplest definition, performance evaluation is a never-ending process of communication taking place between a supervisor and an employee. It can be broken down into three distinct functional activities.

• Defining the position
• Evaluate employee performance
• Provide constructive feedback

To effectively evaluate an employee’s performance, employees must be aware of what is expected of them. This can be accomplished by informing them of their job duties and making sure they know how to do them. Supervisors can use written job descriptions, training, and constructive instruction to achieve this understanding.

In addition, employees must know what criteria will be used to assess their job performance. Supervisors must meet with the employee and set specific, attainable performance goals in order that the employee clearly understands what is expected.

Furthermore, the process must provide for feedback. Your immediate supervisor will set the expectations for the employee’s position, not the specific individual. When an employee fails to meet the established standards, the supervisor must counsel him/her to identify shortcomings. Once shortcomings have been identified, the supervisor and employee must establish a plan that is reasonable and attainable in a way that will lead toward increased productivity.

A performance evaluation gives you an opportunity to discuss strengths and weaknesses in your job performance, training needs, work-related issues or problems, and ideas for development with your supervisor. The evaluation aids career development, documents your work history, and can help you improve your job performance.

A new employee should receive a performance appraisal prior to the completion of his/her probationary period. An appraisal should be given to all other classified employees at least annually.

Vacancies for classified positions are posted throughout the agency that has the vacancy for at least ten working days. A job posting includes the job title, a description of job duties, salary level or range, location, and work shift (if applicable).

Many agencies maintain bulletin boards, which display current job postings. If you are interested in applying for a posted position, contact the agency that has the vacancy.

Promotional opportunities provide a way for you to move to an increased level of job classification and complexity of duties and responsibilities, in addition to gaining an increase in pay.

The state’s job classification plan consists of nine major occupational groups. The occupational groups are made up of jobs found within similar professions or fields of work. For instance, the clerical-administrative and fiscal group includes all levels of support/paraprofessional, technical, supervisory, professional, and managerial jobs in accounting, data processing, purchasing, and personnel, among others. You are encouraged to consider the whole occupational group to which your knowledge and skills belong as a source of career development opportunities.

You must apply for classified positions or vacancies to be considered for promotion.

The Division of Personnel maintains a personnel file for all State employees which documents each employee’s date of hire, pay grade, job classification, and other general employment information.

Generally, Department of Transportation files contain more detailed information about an employee’s job history and performance, such as employee evaluations, letters of appreciation or commendation, records of educational or professional development, and records of leave use.

Both files are open for your review upon request. To view your agency file, see your supervisor or the individual responsible for maintaining employee files in your agency. To arrange a review of the file maintained by the Division of Personnel, please call 558-5946.

If you change your name, address, telephone number, marital status or number of dependents, report the information to your payroll officer as soon as possible. Promptly reporting these changes will keep your personnel file current and will prevent delays in processing important tax and benefit information.

Be especially careful to report all changes in beneficiaries for retirement and insurance purposes.

You should notify the Human Resources Division immediately of any changes in your family situation. Changes that will affect your benefits, such as marriage, divorce, death, and adding or deleting dependents or beneficiaries, should be reported promptly. A legitimate change will allow you to change your tax-sheltered coverage with the Public Employees Insurance Agency, or a managed health care provider, and the Mountaineer Flexible Benefits Plan.

You should discuss current or planned outside employment with your supervisor. Generally, you may hold outside employment as long as it does not interfere with your state employment. However, outside employment that would result in a conflict of interest or interfere with your state employment cannot be approved. You may not hold paid elective public office while employed in a classified position.

If you resign, you should give your supervisor at least a two-week written notice. The written notice will become part of your personnel file. It should include the reason for leaving, effective date of resignation, and the method you have chosen for payment of any accrued annual leave. You should contact your payroll officer to verify your options for payment of unused annual leave.

If you are laid off, you will be eligible for recall and will be given preference over all applicants except present employees when vacancies are filled for 12 months following the layoff, provided you are qualified for the vacant position. A laid-off employee will remain on the recall list for the same amount of time he or she was employed or for a period of two years, whichever is less.

As a permanent employee, you may transfer from a position in one agency to a position in another agency. In this case, a written two-week notice to the agency you are leaving is also appropriate.

Exit interview forms will be completed by you and your supervisor. Your supervisor will also complete the Employee Termination Check Sheet which ensures that you have returned your Employee ID, your parking pass, etc.

The WV State Personnel Board may upon its own initiative or at the request of the Department, reclassify positions by the creation or abolishment of classes, or the revision of the definition of the work of the classes because of changing work methods, new technology or reorganization. All re-classifications are decided by the WV State Personnel Board.

For each position affected, the Department will provide a current description of the duties and responsibilities assigned. The employee in the position at the time of reclassification is entitled to continue to serve in that position, provided that any licensure, certification or additional training requirements are met. Any employee in a position reclassified has the right to a review of the reclassification. The request for review must be in writing to the Director of the State Personnel Board. The review will be held according to the procedures established under WV Code § 29-6-10 (1).

Whenever substantial changes occur in the duties and responsibilities assigned to a position, the Director of the WV Division of Personnel will reallocate the position to its proper class. For more information, contact the DOT/DOH Human Resources Office.

You may apply for a position which is lower in rank and/or pay at any time; however, the granting of such request is at the Department’s discretion and is contingent on approval by the WV Division of Personnel. If you receive that position, you agree to the job requirements, the title, and the reduced pay, (if any) associated with that position.

Employees in classified service who are permanently separated from employment for any reason except transfer are entitled to be paid for all accrued annual leave.

Insurance coverage for permanently separated employees ends on the last day of the month during which the employee separates. Insurance for transferred employees can continue with the new agency without interruption. If you are laid-off, you can elect to have your insurance coverage extended for three months at no additional cost. Under the federal COBRA law, you may elect to continue your health coverage longer if you pay the full premium. You may also convert your health and life coverage into a private policy.

Upon separation, you may be entitled to a refund of your contributions to the retirement system. However, it may be advantageous to leave retirement contributions invested to insure future retirement benefits; otherwise, all credited service is forfeited upon withdrawal.

For more specific information concerning your benefits after separation, see your agency benefits coordinator or call PEIA at (304)558-7850 or CPRB at (304)558-3570.

Generally, jobs that have similar levels of complexity and responsibility are assigned to the same pay grade. Each job classification has an established pay grade with a salary range that specifies a minimum or entry salary and a maximum salary. Employees in the same job classification are paid within the salary range for a particular pay grade.

Salaries for positions in a job classification must be within the established pay grade. Your initial salary is determined when you are hired and is based on the position’s assigned job classification and pay grade, the funds available for the position with the prevailing rate for similar jobs in the agency, and a consideration of your education and experience.

Whether you are a classified or classified-exempt employee, your official job title is based upon a written classification or job specification sometimes called a "job spec." Classification specifications include the job title, characteristics of the job classification, examples of duties, and minimum qualifications or required training and/or experience.

Basically, jobs that are similar in terms of general duties, responsibilities, and qualifications are grouped together and given the same classification. The job spec is not intended to be a comprehensive list of each responsibility associated with your position; rather, it should reflect the primary functions of your job.

All employees are paid twice each month. Paydays in most agencies are on the 15th and 30th for a 30-day month, and the 16th and 31st for a 31-day month. If a scheduled payday falls on a Saturday or Sunday, paychecks are generally issued on the preceding Friday.

There may be alternate pay schedules established in some agencies to accommodate delayed payroll systems or other special circumstances. Your payroll officer can answer any questions you may have about your agency’s pay periods and paydays.

Four mandatory deductions are made each payday: federal withholding tax, state withholding tax, Social Security withholding tax (FICA), and Public Employees Retirement contribution.

The amount of federal and state withholding tax is dependent upon your salary and the number of exemptions you claim on your W-4 form. Social Security is withheld for each employee at the rate of 7.65% of the employee’s gross salary (up to $68,400 per year and after any tax-sheltered annuities have been deducted). Any employee making more than $68,400 per year may consult with his or her payroll officer for contribution information. Social Security contributions are matched by the employing agency. Retirement contribution information is explained under the "Insurance and Retirement" section of this handbook.

The following deductions are made upon authorization by the employee: insurance premiums (basic health, optional life, and dependent life), credit union, U.S. Savings Bonds, combined campaign contributions for charitable organizations, employee association dues, parking fee, and other non-state insurance or annuity payments. These payroll deductions are made only upon your authorization. For more information, see your payroll officer.

There are several ways in which changes can be made to your salary. The following types of salary increases are described in the paragraphs below: general wage increase, merit increase, promotional increase, and longevity increase.

A general wage increase is commonly referred to as an "across-the-board" increase because it essentially applies uniformly to most employees. Typically, a set dollar amount or set percentage is given to most employees to maintain salaries relative to the cost of living.

Permanent employees may receive merit raises of no more than 10% in any 12-month period. Decisions regarding how and when to grant merit increases are made by each department head.

A promotional increase is an increase granted for assuming the duties and responsibilities of a job classification at a higher pay grade than your present job.

Longevity increases allow for continued salary growth for eligible employees whose

current salary is above the maximum rate for the salary range assigned to their job class. There are very specific standards which must be met to qualify for this type of increase.

After being employed for at least three full years, eligible employees will receive an annual increment of $50 for each full year of service, up to a maximum of 20 years. The annual increment is paid in a lump sum in a separate check generally at the end of each July. The annual increment shall be paid on a pro-rata basis for the portion of service rendered by the employee during the current year of employment.

Overtime must be authorized and approved in advance by proper authority. Employees in executive, administrative, or professional positions are generally exempt from the overtime provisions under the Fair Labor Standards Act (FLSA). Employers are required to pay overtime wages to eligible employees at a rate of time and one half their regular rate of pay for time worked beyond 40 hours in a work week.

Procedures for authorizing, reporting, and issuing payment for overtime may vary among agencies. Any questions concerning the calculation of overtime should be referred to your payroll office.

You may purchase U.S. Savings Bonds through the payroll deduction savings plan. Series E.E. bonds are available to all employees and are purchased at 50% of their face value. Upon maturity, the bonds can be cashed in for the full-face amount. For example, a $200 bond, purchased for $100, may be redeemed for $200 upon reaching maturity.

There are no state or local income taxes on the interest earned from savings bonds. Federal tax on interest can be deferred until the bonds are cashed or reach maturity. Contact your payroll officer for more information.

Direct deposit of your payroll check is the electronic transfer of funds from the West Virginia Auditor’s Office to your financial institution. This may be a bank or credit union. While you will receive a Payroll Direct Deposit statement verifying deductions, on payday, your paycheck is transferred to your checking or savings account and is available to you on payday.

Direct deposit applications are available from your agency’s payroll clerk. A voided check or a legible copy of a check is required for direct deposit into a checking account. A deposit slip is required for direct deposit into a savings account.

Public Employees Credit Union

The West Virginia Public Employees Credit Union is a member-owned financial cooperative serving eligible employees and retirees and members of their immediate families.

To join the Credit Union, an initial membership fee of $2.00 plus a $5.00 deposit to a savings account is required. All deposits in the Credit Union are insured up to $100,000 by the National Credit Union Administration, an agency of the federal government. The Credit Union also offers many other financial services including checking accounts, Christmas/vacation clubs, traveler’s checks, and loans.

You may sign up for membership with your payroll officer or call the Credit Union. For more information about the financial services available to you, call the Credit Union at (304)558-0566. Credit unions are also independently operated in some agencies. Please see your payroll officer for more information.

You have a responsibility to take safety precautions to protect yourself and your co-workers from unnecessary hazards to your health and safety. If you observe an unsafe act or situation or are injured yourself, notify your supervisor immediately.

Please refer to the "Workers’ Compensation" section on page 48 for further information.

You are responsible for knowing your work site’s plan for evacuation in case of fire or emergency. The evacuation procedures for your work site should be prominently posted for your information. Please take a moment to become familiar with your assigned emergency evacuation route. See your supervisor if you have any questions or feel you may need special assistance in the event of an emergency evacuation.

Remember, panic is a threat to your safety and the safety of those around you during an emergency; walk to your assigned evacuation route and exit in an orderly fashion.

The cooperation of each employee is imperative to avoiding theft at the work site. As a precautionary measure, be sure your supplies, equipment, and personal property are properly stored, and avoid bringing excessive amounts of money or valuables to work.

When planning travel for state business, it is important to know the travel regulations. Do not assume that certain travel costs will be reimbursed unless you have consulted the travel regulations or received information from someone authorized to make such judgments.

The travel regulations are published by the Department of Administration and outline the conditions under which a travel cost will or will not be reimbursed as well as the rules, regulations, and forms associated with travel for state business. The regulations are updated periodically, so be sure you have a current copy.

By accepting employment with the state, you have accepted the responsibility to represent your agency in an appropriate manner. Dress code standards may vary from agency to agency depending on individual agency needs and requirements. Specific questions about the style of personal attire, required safety equipment, and similar matters in your agency should be directed to your supervisor.

Our smoking restriction policy permits smoking only in specifically designated areas. Smoking is restricted in all state offices and facilities, including state-owned/leased vehicles. This policy applies to all employees, non-employees, and visitors. If you smoke, ask your supervisor about designated smoking areas for your agency.

All State buildings and offices are committed to maintaining a drug-free workplace environment. As an employee, you should be aware that possession or consumption of any type of non-prescribed controlled substance or alcohol on State property and/or while on duty is forbidden (see related information regarding the Employee Referral Program. Also, a copy of the Drug-Free Workplace policy is available through your agency or you may call the Division of Personnel at 558-3950).

State property is intended to be used in the course of conducting state business only. Please make every effort to keep the equipment you use clean and in good working condition and observe all necessary safety precautions. If your equipment fails to function properly, tell your supervisor or the person designated to handle such problems in your agency.

The Department of Administration’s Information Services and Communications (IS&C) Division coordinates various forms of telephone service for all state agencies. The telephone systems for both local service and the state’s long distance service, Dialed Access Intercity Network (DAIN), are to be used to conduct official state business.

You are encouraged to limit your personal calls while at work. Occasionally, however, there are times when you may need to use the phone service for personal business. If you must make a personal long distance call while at work, use your personal calling card/credit card, or call collect.

Personal mail must not be included in the state’s mail system. Use of the state’s incoming mail delivery system for personal items or items not related to state business is prohibited. Incoming personal mail should be addressed to your home, and outgoing personal mail must be stamped and mailed through the U.S. Postal Service. At no time are you permitted to use the state’s mail system for personal, outgoing mail.

The Department views E-mail as another form of communication similar to telephones, facsimiles, and paper memoranda. While incidental and occasional personal use of E-mail is permitted, such messages will be treated no differently from other forms of communication. Any user who sends a personal message via the Department’s E-mail should be aware that such a message will be viewed as a business message and not a personal, confidential message of the user. The use of passwords to gain access to the Department’s E-mail system is for the protection of the Department, not the individual users. The Department has the right to enter the system and the user should not assume that messages are confidential even though a private password is used.

All such messages are Department records. The Department reserves the right to access and disclose all messages sent over its E-mail system for any purpose. Profane, vulgar, harassing, or defamatory E-mail is prohibited. The Department further reserves the right to disclose any E-mail message to law enforcement officials without any prior notice to any user who may have sent or received such messages.

        The Department’s computers and related equipment, as well as the network and the DOT’s Internet access are for official use only. Employees are authorized to use these resources in their job functions to the extent that management determines is necessary and appropriate. Some examples of what may be considered acceptable use include:

1. Communicating with other employees, state agencies, and business partners of state agencies for business purposes through e-mail.
2. Offering official (approved) DOT information through the Internet or Intranet.
3. Conducting work-related research through the Internet.
4. Using software applications (word-processing, spreadsheets, etc.) in the performance of DOT work.
5. Using photocopiers, computer scanners, and facsimile (FAX) machines in the performance of DOT work.

Employees who are considering using any of the DOT’s electronic machines or resources for any purpose should ask themselves if the anticipated use can be considered official DOT business or not. If not, then the use is unacceptable.

Training and development courses sponsored by the Division of Personnel cover a wide range of work-related issues. A class schedule which provides a description of the courses and outlines the objectives for each course is published and distributed biannually. Calendars are available in most agencies or you may call the Division of Personnel at 558-3950 for further information. You must receive advance supervisor approval to attend.

Training of a highly technical or scientific nature may require instruction from an outside source or educational leave.

For more information about the types of training that may best suit the duties and responsibilities of your position, please see your supervisor.

The State Employee Suggestion Award Program gives monetary rewards to state employees making suggestions that result in financial savings. This program is designed to encourage participation in good management by rewarding employees for money-saving recommendations or improvements. If your idea is implemented, you may receive a cash reward or other recognition. Some employees are not eligible for cash awards but may be eligible for honorary awards. For more information about the program, call Legislative Services at (304) 347-4816.

Prevention and health promotion are important steps toward improving employee health, productivity, and motivation while reducing health care costs, workers’ compensation, and absenteeism. The goal of an employee wellness program is to create healthier working environments and to help employees lead healthier lifestyles.

Currently, there are five pilot projects which vary in range and scope serving public employees throughout the state by focusing on health screening, nutrition, weight loss, smoking cessation, exercise, stress reduction, and other issues related to state employees’ overall health. For more information, see your agency wellness representative. For more information, see your agency wellness representative. If a representative has not been designated for your agency, contact the Public Employees Insurance Agency at 558-7850 for more information.

The Capitol Dispensary is staffed by qualified nurses who are equipped to handle minor illnesses and injuries. Routine medical procedures such as blood pressure monitoring, routine screenings, and the administration of prescribed allergy injections are conducted. The dispensary is located at the Capitol Complex in Charleston and is open from 8:30 a.m. to 4:30 p.m. Monday through Friday. The dispensary nurse may be reached at (304)558-3663.

In case of a medical emergency at work sites outside the Capitol Complex, call 911 or your local emergency medical or rescue authority.

The employee referral program provides resources of independent, off-site professionals who offer treatment or counseling to state employees who may need special assistance with problems that affect their personal lives and job functioning. The program brochure lists professionals who offer assistance with issues involving family-child relationships, marital problems, financial difficulties, emotional distress, alcohol and drug abuse, and other areas of difficulty.

Some agencies offer a full employee assistance program. Check with your supervisor or agency head to see if such a program is available in your agency. For a copy of the employee referral brochure, please see your supervisor or call the Division of Personnel at 558-3950.

If you have any problem concerning your working conditions or any aspect of your employment, discuss it with your supervisor first. Every attempt should be made to resolve problems at the lowest administrative level possible. However, if you are faced with a situation that cannot be resolved through an informal complaint, you may initiate a formal grievance as provided in WV Code 29-6A-1 et seq.

The grievance system provides you with a four-tier process to have your problems or complaints considered fairly and without fear of reprisal.

The Employee’s Guide to the Grievance Procedure explains the steps involved in filing and resolving a formal grievance. To obtain a copy of the booklet, talk to your supervisor or call the DOT/DOH Equal Employment Opportunity Division at 558-3862.

"Grievance" means any claim by one or more affected state employees alleging a violation, a misapplication or a misinterpretation of the statutes, policies, rules, regulations or written agreements under which such employees work, including any violation, misapplication or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination; any discriminatory or otherwise aggrieved application of unwritten policies or practices of their employer; any specifically identified incident of harassment or favoritism; or any action, policy or practice constituting a substantial detriment to or interference with effective job performance or the health and safety of the employees.

Any pension matter or other issue relating to public employees insurance in accordance with article sixteen (§ 5-16-1 et seq.), chapter five of this code, retirement, or any other matter in which authority to act is not vested with the employer shall not be the subject of any grievance filed in accordance with the provisions of this article.

Technology Learning Center

Information Services and Communications Division's (IS&C) Technology Learning Center (TLC) is a unit within the Department of Administration whose primary service to State agencies is computer training and support. TLC offers classes for various software packages supported on the personal computer.

For more information, call 558-6384, or visit the IS&C Technology Learning Center's Intranet site at http://intranet.state.wv.us/train/default.htm.

All full-time classified employees are eligible to have holidays off with pay. The eligibility of classified-exempt employees is determined by the employing agency. Part-time employees receive holiday pay on a pro rata basis.

Generally, the following official holidays are observed:

New Year’s Day............................1st Day of January
Martin Luther King’s Birthday......3rd Monday of January
Lincoln’s Birthday.........................12th Day of February
Washington’s Birthday.................3rd Monday of February
Memorial Day................................Last Monday in May
West Virginia Day.........................20th Day of June
Independence Day........................4th Day of July
Labor Day......................................1st Monday of September
Columbus Day...............................2nd Monday of October
Veteran’s Day................................11th Day of November
Thanksgiving Day..........................4th Thursday of November
Christmas Day...............................25th Day of December
Primary Election Day....................When a statewide primary election is held
General Election Day....................When a statewide general election is held
Any other date designated by the governor.

When a holiday occurs on Saturday, it is observed on the preceding Friday. Holidays occurring on Sunday are observed on the following Monday. When Christmas or New Year’s Day occurs on Tuesday, Wednesday, Thursday, or Friday, the last half of the day before the holiday will also be observed as a holiday. An employee must either work or be approved paid leave for either the full scheduled workday before or after the holiday and either work or be on approved paid leave for any fraction of the scheduled workday before or after the holiday to receive pay for the holiday. No employee is entitled to payment for any holiday which occurs prior to the first day of work or after the effective date of separation.

Work sites which must be staffed in addition to normal working hours may operate under a different schedule. If your agency’s staffing requirements make it necessary for you to work on a holiday, or if a holiday falls on your regularly scheduled day off, you will be given an altered holiday on a day as close as possible to the normal holiday.

You may use annual leave or a personal leave of absence to observe religious holidays upon approval by your supervisor.

You are responsible for reporting to work on time and on a regular and dependable basis. Good attendance and punctuality are essential parts of your job performance and will be considered in your performance appraisal.

To request and report time off work, fill out an application for leave and give it to your supervisor. The application for leave is a standard form that most agencies use for reporting and documenting absences. Use the appropriate form established for reporting absences in your agency.

Absences from your job during your regular work hours, including scheduled medical appointments, must be approved in advance except in cases of emergency. If you must be absent without advance approval due to personal or family illness, or other emergency situation, you must personally notify your supervisor according to the procedure established at your worksite.

Employers recognize the need for employees to break for a cup of coffee, or to attend to other personal matters. Some work situations require a formally structured break schedule and some do not. This depends on the type of work performed.

Break periods cannot be accumulated, used to shorten a workday, or used to extend a lunch period. See your supervisor for more information about break periods in your agency.

Lunch breaks are usually one-half hour long and are generally scheduled at each agency’s discretion. See your supervisor about your meal periods.

You may request to use annual leave for absences due to emergency situations or inclement (extreme) weather conditions which would make traveling to and from work hazardous. Agencies are encouraged to grant annual leave in these situations.

If you must be absent from or late for work due to an emergency situation or inclement weather condition, contact your supervisor (or designee) according to the procedure established in your agency.

Paid annual leave is earned at a rate based upon length of service and employment category. The minimum accrual rate for full-time employees is 15 days per year (or hours equal to 1.25 days per month). Generally, earned annual leave is credited to employees at the end of each pay period.

Annual leave may be used for absences from work for vacation or personal business as your annual leave balance allows. Your leave balance is the amount of leave you have earned, but have not used. Annual leave cannot be taken before it is earned. Saving your annual leave and building up your leave balance will assure its availability when you are ready to use it or when circumstances beyond your control make it necessary for you to be absent from work.

There is a maximum allowable carry over from year to year; therefore, some planning is needed to use annual leave to its fullest advantage.

All full-time, part-time, provisional, intermittent, irregular part-time, and temporary appointment employees earn annual leave. Seasonal, emergency, 90-day exempt, 30-day emergency, 160-day temporary, and student exempt employees do not earn annual leave. (See "Employment Categories", page 12 if unsure about your category.)

First and foremost, always get advance approval from your supervisor before using annual leave. To do this, fill out an application for leave (or the appropriate form for your agency) and submit it to your supervisor early enough to get written authorization before taking your leave. Generally, you should request annual leave as far in advance as possible. Before taking any annual leave you have requested, be certain that it has been approved. If you do not, you may be considered to be on unauthorized leave and your agency may refuse to pay you for the time you were absent or take other disciplinary action.

Annual leave cannot be taken before it is earned, so new employees or employees with low leave balances should watch their leave use closely. Keeping an adequate balance of annual leave will protect you during times when an unexpected absence from work may be necessary.

When you retire, you may apply either the entire leave balance or a portion of the leave balance toward extended insurance coverage or have it applied to your length of service in the retirement system. Your accumulated leave will be transferred if you transfer to another state agency. If you resign, you may be paid for your leave balance in semi-monthly payments or in a lump sum payment. See your payroll officer to discuss your payment options.

Full time employees earn and carry forward annual leave at the rates outlined in the chart below. If you are unsure about your annual leave accrual rate, please see your supervisor or payroll officer.

All classified employees earn paid sick leave at a rate of 18 days per year (or hours equal to 1.50 days per month). There is no limit to the amount of sick leave you can accumulate and carry forward from year to year. Sick leave is a benefit and its use is restricted to clearly defined circumstances. Briefly, these include:

1. Personal illness or injury that prevents an employee from performing the duties of his or her job.

2. Death in the immediate family. Sick leave shall be granted up to three days to an employee for death of a member of his or her immediate family. Immediate family is defined as: father, mother, son, daughter, sister, brother, husband, wife, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, grandson, granddaughter, stepmother, stepfather, or stepchild.

3. Routine medical/dental appointments. Employees may use sick leave for the actual time spent for the appointment as well as a reasonable amount of travel time. Reasonable travel time cannot exceed three hours per occasion.

4. Exposure to contagious disease as determined and verified by a physician. The disease must be of such a nature that an employee’s presence at work will endanger the health of others.

5. llness or routine medical/dental appointments for a member of the immediate family, up to a maximum of 40 hours in a calendar year. Annual leave must be used for family members not included in the above definition of "immediate family" or for immediate family members after the 40 hours allowed sick leave has been used.

Full-time, part-time, provisional, intermittent, and temporary appointment employees are eligible to earn sick leave. Part-time employees earn sick leave in proportion to their actual work hours. 90-day exempt, 30-day emergency, 160-day temporary, seasonal state forest, parks and recreation employees, and student exempt employees do not earn sick leave.

Requesting sick leave for scheduled appointments (doctor’s appointments, lab tests, etc.) should be done in advance. You may include in your sick leave request the actual time needed to travel to/from an appointment, not to exceed three hours per occasion. Any additional time off from work that would be necessary for travel should be requested as annual leave.

Any request to use sick leave for scheduled medical/dental appointments should be made in advance of the appointment and requires the approval of your supervisor.

In some instances, the decision to authorize use of sick leave will be made when you return to work. You should personally report any unscheduled absence due to illness to your supervisor in accordance with the procedure established in your agency. Immediately upon returning to work from an unscheduled absence (sick or annual), you are required to complete an application for leave form or the leave form appropriate for your agency. If you are absent on sick leave for more than three consecutive work days, you are required to furnish a physician’s statement. If you do not, your absence will be considered unauthorized leave and your pay will be docked.

Sick leave with pay is a benefit for you to use at those times when you have a justifiable need for it. You should limit your use of sick leave to only those times when it is absolutely necessary, and in observance of the circumstances described above. For any other circumstances during which you must be absent from work, you must request annual leave or one of the other special types of leave described on the following pages. Any use of sick leave lasting longer than three consecutive days must be supported by a physicians statement. Many agencies monitor sick leave use and can impose restrictions on an employee’s use of sick leave or take other disciplinary action in cases where it appears sick leave is not being used properly or the employee’s attendance at work is not dependable.

Accumulated sick leave ensures that your full salary will not be interrupted in the event that an illness or injury results in an extended absence from work. 

If you are ill and have used all your sick leave, or an immediate family member is ill and you have exhausted your allowance of family sick leave, you may request to use annual leave for the absence. Your accumulated sick leave will be transferred if you transfer to another state agency. If an employee is recalled from a lay off, all cancelled sick leave is restored. If you resign, your accumulated sick leave is canceled and no additional sick leave is earned or paid after your last day of work. However, if you return to work within 12 calendar months of your separation, all cancelled sick leave will be restored. If you return after 12 months, no more than 30 days of cancelled sick leave can be restored.

If you are employed in a permanent position, you will receive regular compensation if you must serve as a juror or comply with a court subpoena during your regular work hours. This type of leave must be requested in advance with a copy of any court summons (if available at that time, but no later than when you return to work). Otherwise, your absence will not be properly authorized.

This paid leave does not apply if you are a litigant, defendant, or other principal party, or if you have a personal or familial interest in the case or proceeding. Seasonal, emergency, 90-day exempt, 30-day emergency, 160-day temporary, and student exempt employees may be released to serve as jurors or witnesses, but will not be paid for such absences.

Members of the National Guard or any reserve component of the armed forces of the federal government are eligible for two separate types of paid military leave.

The first type gives non-active reservists up to 30 days of paid military leave to be used for drills, parades, or other duties held during their regular work hours.

The second type provides 30 days of paid leave each time members are called or ordered by the President into active duty.

A copy of your official military orders will be necessary to properly authorize paid military leave. During this leave, you will receive your normal salary and will continue to earn annual and sick leave. Paid military leave will be applied to your tenure and will not result in any loss of status or affect your performance rating.

If you enter the U.S. Armed Services, National Guard, or Reserves during times of war, national emergency, draft, or voluntary enlistment, you will be granted a leave of absence without pay for the duration of your active duty. Before using this leave, you may choose to use your paid annual leave, but you are not required to do so.

Time spent in such active military service will be applied to your tenure; however, you will not earn sick or annual leave while on military leave. Military leave will be credited to your retirement service according to retirement regulations when you present your DD-214 Form.

Twelve weeks of unpaid parental/family leave is available during a 12-month period and may, if necessary, be used on an intermittent or irregular schedule upon the agreement of your employer. Parental/family leave is available for time off work during the specific family and medical related reasons listed below:

• The birth of your child (applies to both mother and father)
• The placement of a child with you for adoption, foster care, or legal ward
• The care of your child, spouse, parent, or dependent who has a serious health condition
• Your own serious illness

You are eligible for this leave when you have completed at least 12 consecutive weeks of permanent employment. When planning parental/family leave, you are required to make a reasonable effort to schedule your absence at a time when it will not unduly disrupt the operation of your employer, and when practical, notice of two weeks is required.

Annual leave must be exhausted before family/parental leave is granted. When annual leave is used for any part of the 12 work weeks, your employer is then required to provide only enough unpaid leave to bring your total parental/family leave to 12 weeks during a 12-month period. Should you require leave beyond the 12 weeks of parental/family leave, a Leave of Absence Without Pay is another leave option you may request. (Please see Leaves of Absence Without Pay, for additional information.)

During parental/family leave, your insurance coverage will continue just as if you were an active employee. Thus, if you are responsible for paying a portion of your insurance premium, you will need to make arrangements to pay this cost during the time you are using parental/family leave.

You will return to the same position upon completion of a period of parental/family leave. However, you will not earn tenure or sick and annual leave during parental/family leave.

There are two types of leave without pay: personal and medical. You may request either type after your leave is exhausted (annual for personal; sick, annual, or both, for medical), or you may freeze all or part of your leave and request a leave without pay. In either case, the time you are off the payroll does not count for leave accrual, increment, or retirement purposes.

A personal leave of absence without pay must be requested in writing as far in advance as possible. The request must be made for a specific period of time (normally not to exceed one year). This type of leave may be requested when you need an extended period of time off work and your leave balance will not cover the entire period. It can be used for time off to pursue your education or take advantage of a once in a lifetime opportunity or trip, for example. Approval of the request is discretionary, depending on the needs of your agency. Also, depending on the length of the leave without pay, you may be responsible for paying your insurance premiums. If you request this type of leave, be sure to talk to your payroll officer about your insurance coverage.

Upon written application, an ill or injured employee is entitled to a medical leave of absence without pay for a maximum of six months in a 12-month period. The employee must make the request no later than 15 days from the day on which he or she comes off the payroll, and it must be accompanied by a completed physician’s certificate. The request must be made for a specific period of time. If your doctor releases you, you may return to work before your medical leave of absence expires, or you may extend your leave if your doctor determines it is necessary.

Due to the specific rules and procedures involved in a medical leave of absence without pay, it is suggested that you contact your payroll office at the first indication that such leave may be necessary.

The Leave Donation Program allows employees to voluntarily donate accrued annual leave to a designated employee who is suffering a medical emergency which will require the employee to be off work for at least one-half month (a minimum of 10 full working days) after all the employee’s available paid leave is exhausted. The medical emergency can be a medical condition of the employee or of a member of the employee’s immediate family.

An employee who wishes to be considered for leave donations must apply on a specific form available from his or her payroll or benefits coordinator. A medical practitioner must certify the employee’s need for the absence and specify when the employee will be able to return to work. When the employee is determined to be eligible to receive donated leave, the agency director or appointing authority will notify employees in the agency. This notification may also be shared with other agencies, at the director’s discretion.

To donate leave, an employee must have a balance of eighty (80) hours of total leave after making the donation. Donated leave is used at its dollar value. For example, if an employee who makes $8.00 an hour donates 80 hours of annual leave, the leave is worth $640 of paid leave to the employee who receives it.

To apply to receive leave donations, or to donate leave, see your payroll or benefits coordinator for the appropriate form. If you have questions or need additional information, call the Division of Personnel, Employee communications section, at 558-3950.

Enrollment in the Public Employees Insurance Agency (PEIA) benefit plan is open to full-time employees (who regularly work at least 20 hours per week or 1,040 hours per year) and retirees of state agencies, universities and colleges, county boards of education, and local governmental agencies and organizations that elect to participate.

PEIA offers hospital, surgical, prescription drug, and other medical care benefit coverage. The premiums are based upon your salary and the type of coverage you choose. Basic life insurance for the employee is included with all single and family health care coverage at no extra cost to you. Even if you do not wish to participate in the health plan, you may enroll in the basic life insurance plan. Additionally, you may enroll in optional life insurance plans which enable you to purchase additional coverage. Life insurance for your dependent(s) is also available to active employees. Additionally, several medical care plans are available. These plans range from the standard PEIA plan to several Managed Care Plans. The Managed Care Plans offered are: a Point of Service plan (the employee can get treatment from non-plan providers any time they desire, but at higher employee costs), or a Health Management Organization plan (the employee must be treated by participating physicians and health care facilities in order to receive benefits).

New employees should sign up for insurance during the initial enrollment period, which is the month you are hired or the following month. If you do not, you may enroll for health coverage at any time. However, if you wish to enroll for life insurance after the initial enrollment period, you must furnish a statement of health, which must be approved by the life insurance carrier. Insurance cards for new employees and replacements for lost insurance cards are issued by PEIA and are mailed to your home. Call PEIA at (304)558-7850 for information regarding your insurance card.

Changes that will affect your insurance policy, such as marriage, divorce, death, and adding or removing dependents or beneficiaries should be promptly reported through the local payroll office in your agency and then to the payroll section in the PEIA. If you have any questions about what type of coverage is best for you or about specific programs, consult your agency’s payroll section or call PEIA at (304)558-7850.

The Public Employees Insurance Agency offers a comprehensive indemnity plan which includes benefits for hospital, surgical, prescription drug, and other medical care benefit coverage. The indemnity plan is a fee-for-service health plan in which you may seek medical care from the health care provider of your choice. There are no "network" or "non-network" providers (except for prescription drugs and organ transplants). As a member of the indemnity plan, you are required to obtain prior medical approval for certain health care services, such as inpatient hospital care. Premiums are based on your salary and the type of coverage you choose.

Managed Care Plan: A health plan in which the costs of providing health care services are managed by an array of cost controlling measures such as (but not limited to) assigning a primary care physician who coordinates the members’ care, controlling access to specialty physicians, monitoring and lowering administrative costs, and negotiating with providers to obtain the best cost of services while maintaining quality of care.

If you have questions about what type of coverage is best for you or about specific programs, consult or call PEIA at 558-7850.

If you voluntarily resign from employment, your insurance coverage will be in effect for the remainder of the month in which you are taken off the payroll. If you leave employment involuntarily, (e.g. dismissal, layoff), you may elect to continue your health coverage for three additional months at no additional cost. For more information, see your agency’s payroll section or call PEIA at (304) 558-7850.

Employees who are discharged for misconduct may continue coverage for 3 months while pursuing an administrative appeal. If the discharge for misconduct is upheld, the employee must reimburse the employer for the full cost of the extended coverage.

Under the federal COBRA law, you may elect to continue your health coverage longer, if you pay the full premium. In addition, upon loss of PEIA coverage, you may also convert your health and life insurance coverage into a private policy.

The Mountaineer Flexible Benefits program allows money for dental, optical, and disability insurance, as well as medical expenses not reimbursed by PEIA (such as deductibles, co-payments and child care expenses), to be deducted from your pay before it is taxed. Your taxable income is reduced and you save money through lower federal, state, and Social Security salary deductions.

Open enrollment for the flexible benefits plan is held once each year usually during the months of April and May. This is the only time you may enroll or withdraw from the plan, unless you experience a change in family status. When you enroll, the plan is legally binding for one year (July 1 through June 30).

For more information about the flexible benefits plan, call Fringe Benefits Management Company at 1-800-342-8017, or call PEIA at (304) 558-7850.

The automobile insurance provided by the Board of Risk and Insurance Management includes Excess Automobile Liability Insurance for any employee while using his or her personal automobile for business use. This coverage requires that the employee’s insurer for automobile insurance coverage must first expend their limits of liability. When this occurs, our policy will respond for the difference between the limits of the employee’s insurance and a total of $1,000,000. In NO circumstance will the Board of Risk coverage provide any comprehensive or collision coverage for damage to an employee’s own vehicle.

Should you have any questions, call the Board of Risk and Insurance Management at (304) 766-2646.

Retirement from the Public Employees Retirement System provides you and your beneficiary (if designated) with lifetime security in the years after your state service is completed. The employee contribution is withheld at a rate of 4.5% of salary. Employers contribute at a rate of 9.5% of salary.

The specific amount of your retirement benefits will be determined by your length of service and your final average salary. Your final average salary is the average of the 36 highest consecutive months out of the last 10 years of contributing service. Normally, this figure will come from the last three years of employment.

Specific information on retirement plans for state employees, employees of the Department of Public Safety, and members of the Teachers’ Defined Contribution Plan and Teachers’ Retirement System is available by calling the Consolidated Public Retirement Board at (304) 558-3570 or within West Virginia at 1-800-654-4406.

Employees in a position with a participating agency or employer which normally requires 12 months of service or at least 1,040 hours of service per year are required to become contributing members of the retirement system. Emergency or temporary employees are not currently permitted membership.

If you are a direct active employee of the state, you are entitled to be paid for all accrued annual leave. However, you may elect to apply your annual and/or sick leave balance to either increased retirement benefits or PEIA premium payments.

Specific guidelines and procedures apply to each retirement plan, so it is important to contact the Consolidated Public Retirement Board (CPRB) for answers to your specific questions. Described below are the four categories of retirement: regular retirement, deferred annuity, early retirement, and disability.

You are eligible for retirement benefits when, as an active employee, you reach age 60 with five years of contributing service OR when your age plus years of contributing service are equal to 80 or greater with a minimum age of 55 and 25 years of contributing service.

If you leave employment before you are eligible to retire, a deferred annuity is payable when you reach age 62 if you had five or more years of credited service, at least three of which were contributing years, and your funds were left on deposit with the retirement system.

Although early retirement benefits are available according to specific provisions in the retirement law, benefits may be substantially reduced. Please contact the Public Employees Retirement System if you have specific questions. Early retirement can be taken at any age with 30 years of credited service (at least 3 of which are contributing). If the employee has 20 or more years of credited service (3 of which are contributing) and leaves employment before reaching age 55, they can qualify for a benefit at age 55. An employee who has 10 or more years of credited service (3 of which are contributing), is at least age 55, and is an active employee, can qualify for a benefit.

Specific length of service and medical requirements must be met in order to qualify for disability retirement benefits. In all cases, the nature of the disability is to be confirmed by competent medical authority.

Upon retirement, you may select any one of three benefit retirements:

Straight Life- A straight life annuity that is paid only to you for your lifetime. This retirement option generates the greatest monthly payment to the retirant, but it does not provide for the survivors.

Option A- Option A is a joint and survivor annuity that is paid to you during your lifetime, and, upon your death, to your beneficiary.

Option B-Option B is a joint and survivor annuity that is paid to you during your lifetime and, upon your death, one half of the amount that you received is paid to your beneficiary.

The beneficiary of both Option A and Option B must have an insurable interest in the life of the retirant.

If you terminate your employment prior to your retirement with at least five years of contributing service, you may continue to be a member in the retirement plan until you qualify for retirement benefits. You may also withdraw your contributions from the plan and forfeit any right to any future retirement benefits. Please see your payroll officer for an Application for Refund to claim your retirement contributions.

If you die while still employed, and you have 10 or more years of service, your surviving spouse or eligible dependent(s) will receive a lifetime annuity. If you have less than 10 years of service, or if you have no surviving spouse or eligible dependent(s), your contributions will be paid in a lump sum to your designated beneficiary or to your estate.

The Consolidated Public Retirement Board will supply more specific information upon your request. For more information, please contact CPRB at (304)558-3570 or at 1- 800-654-4406 within West Virginia.

Any member of the Retirement System who entered or enters active service in the Armed Forces of the United States during any period of compulsory military service will receive credit for that service, not to exceed five years, providing the employee repays any funds (plus interest) he may have withdrawn from the Retirement fund prior to entering active service.

State employees may invest additional money in a tax deferred savings plan. The 457 Deferred Compensation Plan is similar to the 401K Plan available for private sector employees and helps state government employees save extra money for retirement.

Deferred Compensation Plans allow taxes on plan contributions to be deferred until such time as they are used. The funds you contribute to the plan are not included on your W-2 forms as taxable income. Your reported taxable income is reduced and you save money through a reduction in taxes on your current earnings.

When used for retirement planning, you are essentially deferring a portion of your salary until you retire. Generally, you may contribute up to 25% of your income or a maximum of $7,500 per year to the plan.

For more information or for a personal consultation, call:

ING
(304) 744-2360

and/or

 CitiStreet
 (304) 965-0457

If you are laid-off or lose your job through no fault of your own, you may be eligible to receive unemployment compensation benefits. Unemployment can also be paid partially if an employee does not work enough hours.

If you are aware of an impending layoff or separation or need additional information, call your local unemployment office or the Unemployment Compensation Division of the Bureau of Employment Programs at (304)558-2619.

If you sustain a work-related injury or illness, you are entitled to file a claim with the Workers’ Compensation Division. The Workers’ Compensation Division provides partial replacement of lost wages and pays medical expenses related to occupational injury or disease. To qualify for compensation, the injury or illness must have occurred in the course of and as a result of employment. Your supervisor must be notified immediately if a work-related injury or illness is sustained.

To apply for benefits, you must complete Section I of the Report of Occupational Injury Form WC-123, and ask your physician to complete Section II. The form is available from your employer or your physician. You should then return the form to your agency where Section III will be completed and the entire form sent to the Workers’ Compensation Division. The Bureau of Employment Programs, Workers’ Compensation Division will notify you directly of the decision on your claim. No matter how minor the injury appears to be, a WC-123 should be completed in case complications appear later.

You cannot simultaneously receive Workers’ Compensation temporary total disability benefits and paid sick leave or annual leave used in lieu of sick leave after sick leave exhausted. You must complete an Election of Option Form specifying your choice of either Workers’ Compensation disability benefits or sick leave benefits. In no case will you be allowed both benefits simultaneously.

For additional information regarding on-the-job injury claims, ask your supervisor.

The West Virginia Governmental Ethics Act established a code of ethical conduct to guide public officials and public employees and help them avoid conflicts between their personal interests and their public responsibilities. The Act tells you what is expected of you as a public servant and gives official approval to your conduct if it complies with the standards of the Act.

The West Virginia Ethics Commission is responsible for educating and advising public servants and for enforcing the Act. If you have a question, or want more information, you may use your work phone to call the Commission staff at (304)558-0664. Your call will be treated confidentially.

The Whistle-blower Law prohibits discrimination or retaliatory action in any aspect of employment against public employees who make a good faith report of wrongdoing or waste. The law also protects those who participate in any hearing, investigation, legislative inquiry, or court action.

This protection is provided by law so that an employee may make a good faith report of waste or wrongdoing to his or her employer or other authority without fear of reprisal.

A copy of the interpretive bulletin outlining the Whistle-blower Law is available in each agency. Please see your supervisor for a copy.

You are encouraged to exercise your right to register and vote as you wish, and you may be given time off to do so, as provided in WV Code 3-1-42. There are, however, certain types of political activities prohibited for state employees. These restrictions protect you from political pressure in the performance of your job.

There are NO restrictions on the following political activities:

• Voting
• Expressing opinions as private citizens
• Attending political rallies as spectators
• Lawful, voluntary political contributions

As a state employee, you may NOT:

• Be a candidate for any national, state, or local paid public office or court of record
• Hold any public office or be a member of any political party Committee whether paid or unpaid
• Be a delegate to any state or national political party or convention OR be a member of any national, state, or local committee of a political party
• Serve as a Ballot Commissioner or election official working inside a polling place
• Sell tickets to a political event to employees in classified service
• Serve as a campaign treasurer or financial agent

The restrictions listed above represent only a partial list of the major political activities which are prohibited for state employees. Please call the agency’s Human Resources Division for clarification on any particular questions or for additional information regarding political activities or the definition of public office.

There are standards of acceptable job performance, ethical behavior, and professionalism that each state employee is expected to maintain. When employees do not perform at an acceptable standard or when their conduct is an interference, embarrassment, or detriment to the operation of an agency, supervisors are responsible for seeing that the problem is corrected. If it is not, a system of progressive discipline will be followed to correct such problems.

There are instances for which an employee may be dismissed immediately. Below are some examples of these types of instances:

• Acts of physical violence
• Intoxication or use of controlled substances while on duty
• Willful destruction or theft of state property
• Conviction of a felony involving moral turpitude
• A violation which endangers the health and safety of the employee and others
• Good cause involving misconduct other than those listed above

Employees who are covered by the grievance procedure may grieve any disciplinary action. Dismissal or suspension of more than 20 days can be grieved directly to a Level Four hearing examiner through the Education and State Employees Grievance Board.

You have the right to be free from sexual harassment on the job. It is the intent of the state to provide a work environment free from sexual harassment where no employee is subject to unwelcome sexual overtures or conduct, either verbal or physical. Conduct of this nature will result in appropriate disciplinary action which may include dismissal.

A copy of the policy prohibiting sexual harassment is available through your agency or from the Division of Personnel.

Gambling activity while on state owned/leased property, and while at work, is prohibited. Examples of prohibited activities include conducting a lottery or football pool and selling/purchasing raffle chances. This does not prohibit employees from participating in the West Virginia Lottery.

During the course of your employment, you may, on occasion or as a matter of routine, come in contact or work with information that must be treated confidentially. Depending on the agency, there are different procedures established for handling these situations. In all cases, follow the policy or procedure established in your work site for handling and/or releasing confidential information. When in doubt, ask your immediate supervisor.

State employees and non-State employees must obtain the written permission of the Secretary of the Department of Administration before beginning any solicitation, sales, or distribution of literature/merchandise on state property located at the State Capitol Complex. For work sites or state property located away from the Capitol complex, written permission must be obtained from the Secretary of the Department of Transportation or his designee.

Because of the numerous criteria governing lobbyist activities, all public employees and public officials are urged to call the West Virginia Ethics Commission at (304)558-0664 for guidance and answers to specific questions before engaging in any lobbying activity.