Virginia Department of Human Resource Management


Paid and Unpaid Leave

Annual Leave [Paid Leave]
See Policy 4.10

Leave accrued at the end of each pay period by eligible employees. Accrual is based on an employee's percentage of full-time status and his or her years of salaried state service. A maximum amount of accumulated leave may be carried over at the end of the leave calendar year. Subject to the supervisor's approval, employees may use annual leave incrementally as soon as it is earned.

Newly hired, full-time employees accrue annual leave at 4 hours per pay period (12 days per year). After every five years of service, the accrual rate increases by 1 hour up to a maximum of 9 hours per pay period (27 days per year) for employees having 25 years or more of service. Part-time employees’ accruals are prorated based on the percentage of full-time status. The maximum number of hours that may be carried over from year to year and paid out upon separation are noted in policy.

Civil and Work Related Leave
See Policy 4.05

Leave provided to eligible employees that may be used for: appearance in court or related proceedings; service on state councils or boards; service as an officer of election; resolution of work-related conflicts; participation in the resolution of complaints of employment discrimination; attendance at work-related administrative hearings; attendance at one initial Employee Assistance Program (EAP) session; and interviews at other state agencies.

Educational Leave [Paid or unpaid leave]
See Policy 4.15

Leave may be provided at the discretion of the agency for the purpose of allowing employees time to further their education. Employees may receive full or partial pay or may be placed on unpaid leave during this time. Financial assistance may be available from the agency for study related to an employee's work.

Emergency/Disaster Leave [Paid leave]
See Policy 4.17

Provides qualifying employees with up to 80 hours of paid leave annually for absences from their regular job to provide specific kinds of emergency services during defined times of state and/or national disaster. Also permits agencies to grant up to 80 hours of paid leave annually to employees who are victims of disasters that meet specific criteria defined in policy.

Family and Medical
(FML) [Job protection during leave of absence – NOT a leave category]
See Policy 4.20

Eligible employees are provided job protection for up to 12 weeks per leave year for FML – certified events. Employees may have an unpaid absence (leave without pay), charge their leave balances to be paid for the absence, or use a combination of both unpaid and paid leave for this period of time. Such events may include the birth of a child; the adoption or foster care of a child; caretaking of a family member (child, spouse, or parent) with a serious health condition an employee's own serious health condition that makes him or her unable to do his or her job; and qualifying exigency situations related to military service/members. Up to 26 weeks of unpaid leave may be provided to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.

Leave Sharing [Paid leave donated by other employees]
See Policy 4.35

Provides employees who are in a qualified “leave without pay” status the opportunity to request leave donations from other employees to cover the unpaid absence. Traditional Sick Leave Program participants may request leave share donations for personal or family illnesses. Virginia Sickness and Disability Program (VSDP) participants may request leave share donations for family illnesses only. Employees may donate annual leave in 8-hour increments to other eligible state employees. Medical certification is required and donations may cover that period of time that is medically certified.

Leave to Donate Bone Marrow or Organs [Paid leave]
See Policy 4.37

Authorizes eligible employees to use up to 30 workdays of paid leave in any calendar year to donate bone marrow or organs.

Military Leave [Paid and unpaid leave]
See Policy 4.50

Permits employees to take military leave for active duty in the armed services of the United States and provides reemployment rights accorded by the Uniformed Services Employment and Re-employment Rights Act (USERRA) upon their return. Eligible employees who are former members of the armed services, or current members of the reserve forces of any of the United States' armed services, or of the Commonwealth's militia, or the National Defense Executive Reserve are granted leave for active duty in the armed services of the United States. Eligible employees are granted up to 15 workdays of military leave with pay in a federal fiscal year for covered military absences. Provides continued salary for employees in the Commonwealth's Militia called up by the Governor to respond to natural or man-made disasters. Employees may charge their leave balances, bank their leave balances, or take leave without pay during their absences. They may also qualify for supplemental pay while on active duty status.

School Assistance & Volunteer Services Leave [Paid leave]
See Policy 4.40

Up to 16 hours of paid leave per leave year is available to eligible employees to use to provide service as a volunteer member of a service organization or through authorized school assistance.  Part-time employees receive an amount of leave proportionate to the percentage of hours they work in a full 40-hour workweek.   Employees who serve with a volunteer fire department and rescue squad or auxiliary unit are eligible for up to 8 additional hours (24 hours total) of leave per leave year.

Traditional Sick Leave [Paid leave]
See Policy 4.55

Classified employees who did not join the Virginia Sickness and Disability Program accrue 5 hours of sick leave, or proportionate, at the end of each pay period. Sick leave may be used during periods of illness or disability or for absences due to medical appointments. Employees have access to 48 hours of accrued sick leave to use for absences for the illness or death of an immediate family member. Thirty-three percent of an employee's available sick leave balance may be used to cover an absence for an FML-certified event for an eligible family member.

Virginia Sickness and Disability Program [Paid leave]
See Policy 4.57

Provides eligible employees supplemental replacement income during periods of partial or total disability. The program encourages rehabilitation and return to work. Eligible employees may receive short-term disability supplemental replacement income for up to 125 workdays after meeting a 7 calendar day waiting period. Long-term disability benefits may be applicable after the expiration of the maximum period for which the employee is eligible to receive short-term disability benefits. New hires and re-hires are eligible for the disability benefits after a year of state service.

The program also provides sick leave for personal illnesses and family/personal leave each leave year. New hires or re-hires are credited with sick leave and family/ personal leave based on their date of employment or reemployment and their employment status. Current employees are credited with sick leave and family/ personal leave on January 10th each year based on their total months of state service excluding periods of leave without pay, except for temporary workforce reduction, layoff, and military leave.

Eligible employees may use up to 33% of their available VSDP sick leave balances for a FMLA absence for an immediate family member as defined by FMLA.

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