DOP Merit System

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 RegulationApplicable to DOP Classified PositionsApplicable 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:

  1. Leave Donation Program Rule 

  2. Paid Leave for Organ Donation Rule

  3. Reimbursement of Compensation  Paid to State Employees for Training, Education, and Professional Development Rule

  4. Workers’ Compensation Temporary Total Disability Rule

Adherence to DOP policies

Yes. Adherence to  All DOP policies

Yes. Adherence to applicable policies. Examples:

  1. Annual Increment

  2. Drug-and-Alcohol-Free Workplace

  3. Emergency Situations/Inclement Weather

  4. Fair Labor Standards Act Interpretive Bulletin

  5. Prohibited Workplace Harassment

  6. Smoking Restrictions in the Workplace

  7. Supervisor/Manager Training Program 

  8. Temporary Classification Upgrades

  9. Temporary Transition

  10. Whistle-Blower Law Interpretive Bulletin

  11. Witness/Jury Service

  12. Workers' Compensation/Sick Leave

  13. 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