There are two classification plans established and administered by the Division of Personnel (DOP): classified and classified-exempt. Classified services are those positions covered under the DOP merit system standards. Classified-exempt positions are those that are classified by the DOP but are not covered under the DOP merit system standards.
Certain provisions within the DOP's legislative rules and policies are applicable only to classified positions and are not applicable to classified-exempt positions.
However, certain policies, rules, and benefits pertain to State employees regardless of the classification plan.
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 Adherence | 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 |
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 | Yes |
Inclusion in the DOP’s Compensation 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 |
Adherence to all DOP and State policies | Yes | No |
Adherence to certain DOP and State 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 |
Certain DOP-Legislative Rules apply | Yes | 1) Leave Donation Program Rule 2) Paid Leave for Organ Donation Rule 3) State Employees for Reimbursement Training, Education, and Professional Development Rule 4) Workers’ Compensation Temporary Total Disability Rule |
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 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 | Discretionary |
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 Division of Personnel (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.
