There are primarily two (2) types of service in agencies covered by the Division of Personnel (DOP): classified service and classified-exempt service. Classified service includes those positions administered under the DOP merit system standards. Classified-exempt service includes those positions categorized by the DOP by job title, knowledge, skill, abilities, experience, or description, but are NOT covered by the DOP merit system standards.
Certain provisions in the DOP's legislative rules and policies apply only to classified positions and not to classified-exempt positions. However, certain policies, rules, and benefits pertain to classified and classified-exempt employees.
The following chart details the types of positions and benefits or regulations applicable to each.
To see a list of covered/noncovered agencies, click here.
| Benefit or Regulation | Applicable to DOP Classified Positions | Applicable to Classified-Exempt Positions |
|---|
Adherence to all provisions of the DOP Administrative Rule | Yes | No |
Adherence to certain provisions of the DOP Administrative Rule | Yes. Adherence to All Rule provisions | Yes, Section 14: Attendance and Leave; Except 14.8.c. & 14.11. Other Sections: Discretionary |
DOP Legislative Rules apply | Yes. All DOP legislative rules apply. | Certain DOP rules apply: Leave Donation Program Rule Paid Leave for Organ Donation Rule Reimbursement of Compensation Paid to State Employees for Training, Education, and Professional Development Rule Workers’ Compensation Temporary Total Disability Rule
|
Adherence to DOP policies | Yes. Adherence to All DOP policies | Yes. Adherence to applicable policies. Examples: Annual Increment Drug-and-Alcohol-Free Workplace Emergency Situations/Inclement Weather Fair Labor Standards Act Interpretive Bulletin Prohibited Workplace Harassment Smoking Restrictions in the Workplace Supervisor/Manager Training Program Temporary Classification Upgrades Temporary Transition Whistle-Blower Law Interpretive Bulletin Witness/Jury Service Workers' Compensation/Sick Leave Workplace Security
|
Participation in the State retirement plan | Yes | Yes |
Eligibility to join one of PEIA’s health plans | Yes | Yes |
Eligibility to join an employee federal credit union | Yes | Yes |
Inclusion in the DOP’s Classification Plan | Yes | No |
Subject to the Fair Labor Standards Act (FLSA) | Yes | Yes |
Established work schedule | Yes | Yes |
Right to transfer and/or to be reinstated into a position in the classified service | Certain Positions *See Footnote | No |
Access to the Grievance Procedure for State Employees | Yes | Certain Positions *See Footnote |
Position duties are established by the DOP Classification Specifications | Yes | No |
Minimum requirements of education and experience for the position as established by the DOP. | Yes | Recommended |
Compensation range for positions as established by the DOP | Yes | Recommended |
Minimum salary increase upon promotion or reallocation (reviewed by the DOP) | Yes | No |
Eligibility for salary advancement (merit/discretionary pay increase) | Yes | Yes |
Annual Salary Increment Increase | Yes | Yes |
Paid Holidays | Yes | Yes |
Examination for appointment | Yes | No |
Certain political affiliation is required | No | For limited positions |
Competitive hiring from a DOP Certification of Eligibles (Register) and job posting required | Yes | No |
Must successfully complete a probationary period. | Yes | No |
Layoff and preference rights | Yes | No |
At-will employment status | No | Yes |
Tenure for State service | Yes | Yes |
Accrual of annual leave | Yes | Yes |
Maximum carry forward of annual leave hours ( amount limited ) | Yes | Yes |
Accrual of unlimited sick leave | Yes | Yes |
Eligibility for Family and Medical Leave Act (FMLA) leave and Parental Leave Act | Yes | Yes |
Leaves of absence without pay | Yes | Discretionary |
Paid Military Leave | Yes | Yes |
Paid court, jury, and hearing leave | Yes | Yes |
Eligibility for subsidized educational leave | Yes (with available agency funds) | Discretionary |
Free training and development opportunities through the DOP | Yes | Yes (DOP-covered agencies or fee-paying agencies only) |
DOP employee performance evaluations required annually | Yes | Recommended |
Eligibility for membership in Employee Representative Organization(s) | Yes | Yes |
Eligibility for Workers’ Compensation benefits | Yes | Yes |
Eligibility for Unemployment Compensation benefits | Yes | Yes |
Eligibility to participate in the Donated Leave Program | Yes | Yes |
Protection from unlawful discrimination | Yes | Yes |
Eligibility to participate in payroll savings plans | Yes | Yes |
Eligibility for parking on a State-owned lot or inside the State parking garage | Yes | Yes |
NOTE: During the 2025 and 2026 Regular Sessions of the legislature, several measures were enacted that modified state employment configuration, processes, and the applicability of DOP law, rule, and policy. —see 87th W. Va. Reg. Leg. Sess. H.B. 2008, 2009, & 2013 (eff. July 1, 2025), along with —see 87th W. Va. Reg. Leg. Sess. H.B. 2025 & 5441 (effective July 1, 2026).
Effective July 1, 2025, and July 1, 2026, most newly hired individuals, as well as current employees who voluntarily transfer or accept new positions, enter employment in positions in the classified‑exempt service that are statutorily excluded from the DOP merit system (formerly Civil Service) and shall be exempt from the state grievance procedures