(a) Termination of employment. As used in this Section: termination of employment means the ending of an employee’s status as an employee with the Government when the act is initiated by the Government.

(b) Notwithstanding any other provision of law, rule or regulation to the contrary, any employee, including a casual employee, who is within the classified service, shall be given written notice of at least sixty (60) days prior to termination of employment for any reason. In situations where for the convenience of the Government it is necessary to terminate an employment without the giving of sixty (60) days notice, the employee shall be retained in pay status until the notice period shall have run.

(c) Subsection (b) of this Section shall not apply to a person whose employment is terminated for cause, provided, however, that this exclusion shall not impair an employee’s right to challenge such termination under applicable personnel rules; nor shall Subsection (b) apply to an employee whose employment is terminated because of the conclusion of a grant, federal grant, source of federal funds, specific program or project.

(d) In instances where an employee has been continued in pay status but been relieved of duties, the employee shall not be given a lump sum payment for the period of notice to which entitled but shall, instead, be paid on a biweekly basis and such payment shall continue only so long as the employee certifies under oath that he has not obtained new employment. The obtaining of new employment during the notice period shall constitute a waiver by the employee to any further claim for the pay to which he would otherwise be entitled.

(e) No person occupying positions in the unclassified service as defined in § 4102 of this Title and whose services are terminated shall be paid severance pay or meritorious pay or both. This Section shall apply to all government instrumentalities in the government of Guam, including autonomous agencies.

SOURCE: § 4131 Guam Code Ann., as reenacted by P.L. 16-023; Subsection (e) added by P.L. 17-019 as § 4131 (e) and renumbered by Compiler. Subsection (c) amended by P.L. 28-187:5 (Jan. 29, 2007).