Virginia Department of Human Resource Management

Policy Guide - Use of Accrued Leave During Military Duty

A few employees serving on active military leave have apparently asked their agencies to let them use their accrued leave (annual, comp, overtime) sporadically so that they can receive holiday pay by being on paid leave as required by Policy 4.25. Such use creates an unnecessary administrative burden for agencies and is an inappropriate manipulation of the system. Policy allows a variety of options for employees called to active military service with regard to use of their accrued leave. Employees may choose to:

  • use, retain, or receive payment for their annual, compensatory, and/or overtime leave;
  • use or retain Family and Personal Leave (VSDP);
  • receive payment for or retain traditional sick leave as described in Policy 4.55;
  • combine these options so that they use some leave (remaining on the payroll), receive payment for some leave, and retain some leave for use when they return to state service.

Once they have begun their period of active military service, employees may amend their original instructions and may request payment in a lump sum for retained leave balances.

Employees may not, however, apply retained leave to certain days in the middle of their period of Leave Without Pay-Military. If they choose to use leave time to remain in active status, they should do so before going on LWOP-Military status.

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