Be it enacted by the General Assembly of Virginia:

1.  That § 2.2-2812 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-2812. Employment of personnel.

A. Notwithstanding any other provision of law to the contrary, the agency administrator of each executive branch agency, except those that by law are appointed by their respective boards, shall employ the personnel necessary for the proper performance of all responsibilities of their agency subject to the Virginia Personnel Act (§ 2.2-2900 et seq.) of this title and within the limits of appropriations made therefor by law.

B. Notwithstanding any other provision of law to the contrary, when any employee of an agency in the executive branch of state government, who is promoted within the same agency to a higher position classification shall that requires such employee to serve a period of time in a probationary status incident to such promotion, and the probationary period of employment is not satisfied or completed for any reason other than misconduct, such employee shall be offered to be returned to such employee's previous classified position or an equivalent position for which a vacancy exists if, for any reason other than misconduct, the probationary period of employment is not satisfied or completed.