Chapter 4

Section I - Annual Leave

Purpose: Procedures for earning paid leave for personal reasons.
Scope: Applies to non-temporary employees.

A. Annual Leave Accrual

• Accrual based on years of service; prorated for part-time.
• Accrues at end of pay period; cannot be used until next period.
• No accrual during LWOP.
• Carryover limits based on years of service; exceptions require board approval.

B. Use of Annual Leave

• May be used for any reason with prior approval; cannot borrow against future accruals.

C. Notice and Approval

• Advance approval required; emergency absences need prompt notice.

D. Treatment upon Change in Status

• Paid at termination up to carryover limit; special rules for death and rehire.

E. Change in Employment Status

• Temporary service may count toward accrual rate.

F. Employee Accountability

• Employees must track balances; reimbursement required if leave exceeds accrual.

Section II - Civil Leave

Purpose: Paid leave for civic/administrative duties.
Scope: Applies to regular employees.

A. Use

• Jury duty, court appearances, grievance resolution and official boards.
• Must be reasonable; advance approval required.

B. Compensation Received

• Expense reimbursements may be kept; compensation for services must be reported.

Section III - Leave Without Pay (LWOP)

Purpose: Procedures for unpaid leave.
Scope: All employees.

A. Use of Unpaid Leave

• Granted if not burdensome; required for FMLA/military leave.
• Must exhaust paid leave first (except FMLA/military).
• Max duration: 3 months (except intermittent FMLA/military).

B. Effect on Benefits

• No accrual of annual/sick leave.
• Anniversary date adjusted after 14+ days LWOP.
• May affect raises, retirement, insurance or health coverage (COBRA applies).

Section IV. Military Leave

Purpose: Procedures for military duty leave and job restoration under USERRA.
Scope: Non-temporary employees called to covered service.

A. Military Leave

• Up to 15 paid workdays per federal fiscal year; unlimited unpaid leave (max 5 years cumulative).
• Benefits during unpaid leave: no accrual; health coverage continuation; retirement credit.

B. Reinstatement

• Must return within specified timeframes; escalator principle applies.
• Disabled employees accommodated or placed in comparable positions.

C. Family and Medical Leave

• Additional considerations for returning service members.

D. Annual Notice

• LDSS must provide annual notice of rights.

Section V - Educational Leave

Purpose: Opportunity for job-related education.
Scope: All employees.

A. Use

• Written proposal required; may be with or without pay (max 3 months with pay).

B. Return

• Merit increases and service credit preserved; position held only if leave with pay.

C. Required Educational Pursuits

• Hours count as work time; regular pay applies.

Section VI - Administrative Leave

Purpose: Procedures for discretionary leave.
Scope: All employees.

A. Use

• Granted for investigations or other legitimate reasons.

B. Benefits

• Full benefits during paid administrative leave; does not count toward overtime.

Section VII - Bereavement Leave

Purpose: Leave for death of family member.
Scope: All employees.

A. Use

• Annual leave: unlimited if reasonable.
• Sick leave: up to 3 days per death, max 6 per year; up to 3 weeks for death of child/spouse.
• LWOP may be granted; leave must be within 8 weeks of death.

Section VIII - Sick Leave

Purpose: Paid leave for illness/injury or family care.
Scope: Full-time and part-time employees.

A. ADA

• Requires reasonable accommodation; may include intermittent leave.

B. Accrual

• Full-time: 1.25 days/month; prorated for part-time.
• No accrual during LWOP; unlimited carryover.

C. Use

• For personal illness, medical appointments, pregnancy, family illness or death.
• Up to 8 days/year for family care.

D. Notice and Approval

• Advance notice for foreseeable absences; prompt notice for emergencies.

E. Verification

• Medical documentation may be required; re-verification for extended absences.

F. Change in Status

• Payment at termination after 5 years; max 25% of balance or board-approved limit.

G. Transfer of Leave

• Sick leave may transfer between LDSS without break in service.

H. Employment Status Changes

• Temporary service may count toward accrual.

I. Accountability

• Employees must track balances; reimbursement required if leave exceeds accrual.

Section IX - Disability Leave Program

Purpose: Alternative leave system for employees under disability plans.
Scope: Employees under short-/long-term disability plans.

A. Sick Leave Credit

• Credited annually based on hire date and service; no carryover or payout.

B. Family and Personal Leave Credit

• Credited annually; no carryover or payout.

Section X - Family and Medical Leave Act (FMLA)

Purpose: Requirements for FMLA leave.
Scope: Eligible employees.

A. Definitions

• Includes child, spouse, parent, serious health condition, intermittent leave etc.

B. Eligibility

• 12 months employment; 1,250 hours worked; max 12 weeks per year.

C. Qualifying Reasons

• Birth/adoption, family care, employee’s health or qualifying exigency.

D. Restrictions

• Must be used within 12 months; not cumulative; excludes short-term conditions.

E. Leave is Unpaid

• Paid leave may run concurrently.

F. Procedures

• Written request; eligibility notice; medical certification; second/third opinions allowed.

G–O. Additional Provisions

• Job restoration; intermittent leave; military entitlements; benefits continuation; records management; violations; ADA/PDA considerations.

Section XI - Leave Sharing

Purpose: Suggested procedures for donated leave programs.
Scope: Regular/restricted employees.

A–F. Key Points

• Eligibility requires exhaustion of paid leave; FMLA-related reasons; certification required.
• LWOP status during donated leave; discretionary benefits may apply.
• Annual leave only may be donated; leave banks may be structured flexibly.
• Penalties for abuse include repayment and discipline.

Section XII - Virginia Workers’ Compensation

Purpose: Advises employees of benefits under WCA.
Scope: All employees.

A. Definitions

• Injury, occupational disease, permanent partial disability and average weekly wage.

B. Benefits

• Wage replacement, medical benefits and permanent partial disability compensation.

C. Employee Responsibilities

• Immediate injury reporting; choose physician from LDSS panel; accept light duty if offered.