LEAVE POLICIES - GENERAL PROVISIONS

OBJECTIVE

It is the Commonwealth's objective to establish uniform policies by which employees are permitted to take time off from work.

I. EMPLOYEES TO WHOM POLICY APPLIES

[REVISED 12/94]

The following policies apply to positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted, and "776" employees, and, where indicated, to employees exempt from coverage under the Virginia Personnel Act. (See section II of Policy 2.20, Types of Employment.)

II. LEAVE POLICIES

The following is a list of the leave policies:

Policy 4.05 Administrative Leave

Policy 4.10 Annual Leave

Policy 3.10 Compensatory Leave

Policy 4.15 Educational Leave

Policy 4.20 Family and Medical Leave

Policy 4.35 Leave Sharing

Policy 4.40 Leave to Assist Schools

Policy 4.45 Leave Without Pay-Conditional/Unconditional

Policy 4.50 Military Leave

Policy 3.15 Overtime Leave

Policy 4.55 Sick Leave

Policy 4.60 Workers' Compensation

III. APPROVAL OF LEAVES

A. Agency approval necessary for all leaves of absence

Before taking a leave of absence from work, whether with or without pay, employees should request and receive their agencies' approval of the desired leave.

B. Employee requests for leave

1. Procedure for requests

a. Employees should request leaves of absence as far in advance of the desired leave as practicable.

b. Employees also should submit requests for leaves of absence in accordance with the specific requirements set forth in the respective leave policies, and which may be set forth in their agencies' procedures for requesting leaves.

2. Special circumstances

If an employee could not have anticipated the need for a leave of absence, the employee should request approval for the leave as soon as possible after leave begins. In reviewing the request for approval, the agency should consider, among other things, the circumstances necessitating leave and whether the employee could have anticipated the need.

C. Agency action on requests for leaves of absence

1. When practicable, and for as long as the agency's operations are not affected adversely, an agency should attempt to approve an employee's request for a leave of absence for the time requested by the employee, except that compensatory and overtime leave may be scheduled by the agency at a time convenient to agency operations.

2. If the time requested for a leave of absence conflicts with agency operations, the agency has the discretion to approve the employee's request for an alternate time.

D. Sufficient accrued leave

1. Agencies may not approve paid leaves of absence to be taken in a pay period in which an employee does not have sufficient accrued leave to cover the absence.

2. Employees are responsible for knowing the amount of accrued leave to which they are entitled and that they have earned. Employees will be required to reimburse their agencies for time taken off from work if they did not have sufficient accrued leave to cover such time off. Reimbursement may be in the form of money or annual, sick, compensatory, or overtime leave.

E. If agency denies request for leave of absence

If an agency does not approve an employee's request for leave, but the employee still takes the requested time off from work, the employee may be subject to the actions listed below.

1. The employee will be considered absent without proper authorization.

2. The employee will not be paid for the time away from work.

3. The employee will not accumulate annual or sick leave for the pay period(s) in which he or she was absent.

4. The employee's actions may be considered grounds for disciplinary action, including discharge.

IV. MAINTENANCE OF RECORDS RELATED TO LEAVES OF ABSENCE

A. Records subject to audit

Payment for leaves of absence is an expenditure of Commonwealth funds and, therefore, records related to employee leaves of absence are subject to audit by the Auditor of Public Accounts, the State Internal Auditor, and the agency's internal auditor.

B. Requirements for records

Agencies must maintain accurate and up-to-date leave records in sufficient detail that they can be evaluated during an audit by the agency's internal auditor, the State Internal Auditor, or the Auditor of Public Accounts.

C. Recording date of termination and accrued leave

1. Employee not on leave

The termination report of an active employee (employee not on leave) shall state the termination date as the last day that the employee actually worked and shall include the amounts to be paid for accrued leave.

2. Employee on leave with pay

The termination report of an employee on leave with pay shall state the termination date as the last day that the employee actually worked, except the termination date shall be stated as the last day of paid sick leave for employees who are on personal sick leave due to illness or disability or last day of paid military leave if on military leave with pay.

3. Employee on leave without pay

The termination report of an employee on leave without pay who fails to return to state service shall state the termination date as the last day the employee actually worked.

V. TREATMENT OF ACCRUED LEAVE ON CHANGE OF STATUS

Upon certain changes in employment status, including an employee's termination from state service, an employee may receive payment for all or a portion of his or her accrued annual, sick, compensatory and/or overtime leave. For further information regarding treatment of leave balances, see the applicable sections of those policies.

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 Rule 10.1., Grants of Leave of Absence and Maintenance of Leave Records, and Rule 10.13(f), 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 the 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.