West Virginia Code 6C-4-2 – Agreements to reimburse state agencies for training compensation paid to employees; rule-authority
(a) Notwithstanding any other provision of this code to the contrary, an agency may require an employee to enter into a written reimbursement agreement to repay training compensation.
Terms Used In West Virginia Code 6C-4-2
- Advanced professional development training: means any academy, class, conference, course, program, seminar or training attended by an employee that:
(1) Is not required by his or her current position. See West Virginia Code 6C-4-1
- Agency: means an administrative unit of state government, including, without limitation, any authority, board, bureau, commission, committee, council, division, section, or office within the executive branch of state government. See West Virginia Code 6C-4-1
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means any person who performs a full or part-time service for wages, salary, or other remuneration under a contract for hire, written or oral, express or implied, for an agency and receives advanced professional development training after the effective date of this article. See West Virginia Code 6C-4-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Training compensation: means tuition and expenses, paid to an or on the behalf of an employee for advanced professional development training. See West Virginia Code 6C-4-1
(b) If an employee voluntarily leaves employment with the agency within one year after receiving advanced professional development training and becomes employed within one year with an entity other than the State of West Virginia, in a capacity which utilizes the advanced professional development training, the employee shall repay a pro rata portion of the training compensation as provided in the reimbursement agreement.
(c) The Division of Personnel shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to set forth a standard reimbursement agreement form which provides the following minimum requirements:
(1) Providing general contract language including terms and conditions of repayment;
(2) Specifying types of advanced professional development training;
(3) Requiring service no longer than one year;
(4) Permitting and describing the circumstances an agency may withhold prorated amounts from any final payments due and owing to the employee; and
(5) Providing exceptions for an employee who becomes injured or ill and can no longer perform his or her assigned job functions.