ANNUAL LEAVE
OBJECTIVE
It is the Commonwealth's objective to provide employees with paid leave for vacations and other personal purposes.
I. EMPLOYEES TO WHOM POLICY APPLIES
[REVISED 12/94]
This policy applies to positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted, and "776" employees. This policy also applies to positions expressly excluded from coverage of the Virginia Personnel Act, specifically, excepted employees as specified in section III(C) below. (See section II of Policy 2.20, Types of Employment.)
II. PURPOSE OF ANNUAL LEAVE
A. Use of annual leave encouraged
Employees may use their accrued annual leave for vacations and for other personal purposes.
B. Leave must be approved
An employee who wants to use his or her annual leave must receive approval for the desired time. The request for leave should be made as far in advance as possible.
III. ACCRUAL OF ANNUAL LEAVE
A. Accrual rate and carryover
The accrual rate for annual leave and the maximum amount of accrued leave that an employee may retain for purposes of carrying over leave from one calendar year to the next, or for receiving payment for annual leave upon departing state service, is set forth as follows.
1. Full-time employment
Maximum Amount
for Carrying Over
Years of Service Accrual Rate or Payment
less than 5 years 4 hours semimonthly 192 hours (24 days)
5-9 years 5 hours semimonthly 240 hours (30 days)
10-19 years 6 hours semimonthly 288 hours (36 days)
20 or more years 7 hours semimonthly 336 hours (42 days)
2. Part-time employment
A classified part-time employee must work at least 20 hours per week to earn annual leave, and will accrue annual leave at a rate proportionate to the number of hours worked each week. Wage employees, as defined in Policy 2.20, Types of Employment, do not accrue leave.
EXAMPLE:
An employee who has been employed for three years works 20 hours per week, or one-half of the full-time schedule. She accrues annual leave at the rate of two hours for each semimonthly period of service, and may carry over 96 hours of unused accrued leave into the next calendar year.
B. When accrual begins
Annual leave accrues at the end of each pay period. An employee cannot use annual leave until it is accrued. In any pay period in which leave without pay has been taken, no annual leave will accrue.
C. Special provisions regarding prior state service
For some individuals, the accrual rates for annual leave may be affected as provided below.
1. Former employment
For the purpose of calculating annual leave accrual rates and the maximum accrual amounts upon rehire, a former full-time state employee (as defined in section II (A) and (B) of Policy 2.20, Types of Employment) will accrue leave based on his or her prior service as detailed below.
a. Five or more years of continuous prior service
A former employee who was re-hired on or after July 1, 1980, with at least five years of continuous prior state service will be given credit for the last period of continuous state service.
b. Less than five years of continuous prior service
(1) If the length of the individual's separation from state service was equal to or less than the length of his or her last continuous service, the employee will receive credit for the last period of continuous state service.
(2) If the length of the individual's separation was greater than the length of his or her last continuous service, the employee will not receive credit for prior service.
EXAMPLE:
An employee worked from August 1, 1980 through 1986. She was rehired in 1987, and received credit for her previous period of employment, since it was a period of at least five years. She left state service again in 1990. When she was rehired in 1991, she already had met the conditions of the five year rule. However, she receives credit only for her service from 1987 to 1990, since this was her last period of continuous prior state service.
2. Transfer from excepted positions with the Commonwealth (as defined in section II(B) of Policy 2.20, Types of Employment).
For the purpose of calculating the accrual rates and maximum amount of carryover of annual leave, an employee who transfers, without a break in service, into a full-time or part-time covered position from a position that was not covered (but not from wage employment), shall receive credit for his or her service in the non-covered position.
D. When annual leave does not accrue
Annual leave does not accrue:
[REVISED 12/94]
1. during any semimonthly pay period when (i) the employee is on leave without pay, or (ii) no work is performed by the employee (e.g., 9-10-11-month employees);2. after 60 consecutive work days of leave with pay, regardless of the type of leave to which the absence is charged;
3. during any pay period when an employee is on suspension (see Policy 1.60, Standards of Conduct), except that:
a. if a suspension extends into a second pay period, accrual of annual leave shall resume in the second pay period unless the period of suspension exceeds 15 calendar days; and
b. if a suspension extends into a third pay period, accrual of annual leave shall resume in the third pay period unless the period of suspension exceeds 31 calendar days; and
c. if a suspension exceeds 31 days due to an official investigation, accrual of annual leave will not resume until the employee returns to work.
4. when an employee is on layoff, except that the period of layoff (up to 12 months) counts as service for purposes of the accrual rate if the employee returns to state service. (See Policy 1.30, Layoff, for additional information.)
IV. CARRYOVER OF ANNUAL LEAVE
A. Limit on number of hours that may be carried over
Unused accrued annual leave may be carried forward from one calendar year to the next (after December 31), but only up to the maximum amounts stated in section III(A) above.
B. Exceptions to the limit on hours that may be carried over
1. Who may grant exceptions to limit
Agencies that have entered into decentralized classification agreements with the Department of Personnel and Training have the authority to grant exceptions to the limit on accrued annual leave that may be carried over into the next calendar year. All other agencies must submit requests for exceptions to the Department of Personnel and Training for a decision.
2. Basis for exceptions
Exceptions to the limit on accrued annual leave that may be carried over are warranted only when an employee is unable to use the excess leave hours before the end of the year due to the agency's demands over a substantial period of time.
3. Exceptions do not affect payment upon separation
An employee who is allowed to carry over additional accrued annual leave, upon separation from state service, will be paid for unused accrued annual leave only up to the maximum amount specified in section III(A) of this policy.
V. TREATMENT OF ACCRUED ANNUAL LEAVE UPON CHANGE OF STATUS
A. Payment when leaving state service
1. Full lump sum payment
Employees shall be paid in lump sums for the maximum amount of their accrued annual leave, as provided in section III(A) above, when they leave state service by resignation (including resignation from layoff status), retirement, termination, or death.
2. Payment upon employee's death
Payment upon an employee's death shall be made to the Administrator or Executor/Executrix. If there is no Administrator or Executor of the employee's estate, payment shall go to the surviving spouse, or if none, to the next of kin in accordance with section 64.1-123 of the Code of Virginia. Payment may be held for 60 days.
B. Partial payment when change from full-time to part-time
1. An employee who changes from full-time to classified part-time employment for a period greater than three months shall be paid in a lump sum for the proportionate amount of the maximum accrued annual leave to which the employee is entitled.
EXAMPLE:
An employee worked 40 hours as a full-time employee and changed to a part-time schedule working 20 hours, or half of the former schedule. She must receive a lump sum payment of up to half of the maximum amount of her accrued annual leave.
2. If an employee changes from full-time to classified part-time employment for less than three months, the employee cannot be paid for the proportionate part of his or her accrued annual leave, nor can the employee use the proportionate part, until the employee resumes full-time employment.
C. Payment optional when other changes in status
Employees may be allowed to retain their maximum allowable accrued annual leave, or may be paid in a lump sum when they are placed on:
1. educational leave with full or partial pay;
2. layoff (although an employee does not accrue annual leave while on layoff, he or she does receive credit, up to 12 months, for the time spent on layoff for the purpose of determining the employee's years of continuous service);
3. military leave without pay (for other than the time normally covered by military leave with pay); and
4. any other conditional or unconditional leave without pay for a period exceeding three calendar months.
D. Retention of accrued annual leave
1. To different covered position
When employees are transferred, promoted or demoted from covered positions to other covered positions in the same or a different agency, they will retain their accrued annual leave.
2. From non-covered to covered position
a. If the same annual leave accrual system
If the annual leave accrual rates of employees exempt from the Virginia Personnel Act are the same as that provided by this policy, they may transfer the annual leave accrued during this period when they transfer to covered positions.
b. If a different annual leave accrual system
If the annual leave accrual rates of employees exempt from the Virginia Personnel Act are different from that provided by this policy, they may not transfer the annual leave.
3. From covered to non-covered position
Employees may be allowed to retain their annual leave, or may be paid in lump sums, when they are transferred from covered positions to non-covered positions (with the agreement of the agencies to which they transfer).
[REVISED 12/94]
E. Return to state employment within 180 days of separation[REVISED 12/94]
1. Employees who leave state service and then return to it within 180 days following the date of termination may be credited with the annual leave they held at the date of termination, provided that they received no payment for the annual leave balance upon their termination.2. If employees did receive payment, they may be credited with the accrued annual leave that they held at the date of termination, provided they reimburse the agency the full amount of annual leave paid at termination.
VI. AUTHORITY AND INTERPRETATION
A. This policy is issued by the Department of Personnel and Training pursuant to the authority provided in Chapter 10, Title 2.1, of the Code of Virginia. This policy supersedes section XVIII(F) of Policy 1.05, Standards of Conduct and Performance, effective September 9, 1989; Policy 1.09, Layoff, section entitled "Service Credit," effective June 1, 1981; section II(C) of Policy 2.81, Types of State Service - Excepted Employment, effective September 15, 1986; and Rules 10.3 (a) and (b) from Eligibility for Leave of Absence, 10.6. entitled Annual Leave, and 10.13 (a) (b) and (e) from Disposition of Balances of Leave Credits on Change of Status or Death, of the Rules for the Administration of the Virginia Personnel Act, effective July 1, 1977.
B. The Director of the Department of Personnel and Training is responsible for official interpretation of this policy, in accordance with section 2.1-114.5(13) of the Code of Virginia. Questions regarding application of this policy should be directed to the Department of Personnel and Training's Office of Policy and Personnel Programs. The Department of Personnel and Training reserves the right to revise or eliminate this policy as necessary.