LEAVE WITHOUT PAY (CONDITIONAL AND UNCONDITIONAL)

It is the University’s objective to allow employees to take unpaid time off from work under specified circumstances.

I. Employees to Whom Policy Applies

This policy applies to full-time and part-time classified salaried employees, University staff and salaried research assistants.

II. Definitions

A. Unconditional leave without pay

An employee's approved absence from work without pay that guarantees reinstatement to the position held by the employee before the leave was taken

B. Conditional leave without pay

An employee's approved absence from work without pay (other than for military leave) that guarantees reinstatement only if the employee's position is available when he or she desires to return from leave. If the position is not available, the employee will be separated and may be employed again only after going through the normal recruitment and selection process.

C. Leave without pay effective date

The effective date of an employee's conditional or unconditional leave without pay is the first workday missed. Such leave is not reported to the Integrated Human Resource Management System (IHRMS) until the employee is on leave without pay in excess of 14 consecutive calendar days. (The effective date, however, still is reported as the first workday missed.)

III. Purpose of Conditional/Unconditional Leave Without Pay
 

A. Unconditional leave without pay

The University may grant unconditional leave without pay for reasons that include:

1. educational purposes that require a longer period of absence than that permitted for educational leave with pay (see   Educational Leave policy);

2. military purposes that require a longer period of absence than that permitted for military leave with pay (see Military Leave policy); and

3. personal purposes, including illness for employees participating in the Traditional Sick Leave Program, and or for a FMLA covered absence to care for a family member.  (also see Family and Medical Leave policy). 

B. Conditional leave without pay

The University may grant conditional leave without pay for reasons where a guarantee of reinstatement is not practical due to the management’s need to fill the employee's position. This leave without pay may be granted for the same reasons listed above for unconditional leave without pay, excluding military leave without pay.
 

IV. Length of Conditional/Unconditional Leave Without Pay

Both types of leave are limited to a period of 12 consecutive months. However, the University may extend leave beyond 12 consecutive months in the following situations:

1. extended disability (leave without pay may be extended up to an additional 12 consecutive months);

2. active duty with the armed forces (leave without pay may be extended up to an additional 48 consecutive months if a normal discharge, up to 48 months if hospitalized);

3. leave to pursue a course of study (leave without pay may be extended up to an additional 12 consecutive months if approved by the Director of the Department of Human Resource Management); or

4. non-state employment that is of vital importance to the state and/or national welfare (leave without pay may be extended up to an additional 12 months if approved by the Director of the Department of Human Resource Management).

V. University Responsibilities Regarding Conditional Leave Without Pay
 

A. Unconditional Leave

The University should explain in writing to the employee the status of the employee's benefits during the unconditional leave.

B. Conditional Leave

The University should explain in writing to the employee:

1. that automatic reinstatement is possible only if the employee's old position is vacant;

2. that if the employee's old position is not available at the end of LWOP, the employee will be separated and that he or she may be employed again only through the normal recruitment and selection process;

3. the status of the employee's benefits during the conditional leave; and

4. the procedure for seeking reinstatement or a return to state service through the normal recruitment and selection process.

C. University assistance

If an employee is not reinstated at the end of the conditional leave, the University should assist the employee in determining whether vacancies for which the employee might be qualified exist in other state agencies.

 
VI. Effect of Conditional/Unconditional Leave Without Pay Upon Benefits and Upon Incentive Increases

A. Accrued leave

1. Sick leave for employees participating in the Traditional Sick Leave Program will be retained during an employee's leave without pay.

2. Virginia Sickness and Disability Leave will be retained until January 9th.  When an employee is reinstated or reemployed after January 9th, appropriate VSDP leave will be credited.   

3. The University has the discretion to allow employees to retain their accrued annual leave during either type of leave without pay in accordance with the provisions of the Annual Leave policy.

a. An employee must be on leave without pay (for reasons other than military or layoff) for 90 consecutive calendar days before becoming eligible for the payment of annual leave.

b. If annual leave is paid, it must be for the total amount permitted under the Annual Leave policy, not a portion of the accrued balances.

4. The University may allow employees to retain their accrued compensatory leave, or such leave may be paid in a lump sum when employees are placed on voluntary leave without pay (not layoff) for at least three months.

B. Effect on next leave anniversary date

An employee will not accumulate leave while on leave without pay, either unconditional or conditional. After a leave without pay of 14 consecutive calendar days, the employee's next leave anniversary date for the purpose of accruing annual leave will be adjusted in accordance with the following chart: 

Calendar Days on Leave Without Pay	Pay Periods Deducted
1-14	0
15-31	1
32-46	2
47-61	3
62-76	4
77-91	5
Etc.

C. Seniority 

The date for determining an employee's seniority date for purposes of layoff will not be changed by a leave without pay-layoff. 

D. Effect on incentive increases

An employee on unconditional or conditional leave without pay may have his or her incentive increase amount affected depending upon the number of hours missed from work. (For further information, see Performance Planning and Evaluation policy.)

E. Effect on months of service for VSDP

Time on unconditional or conditional leave without pay will not be credited as months of service for VSDP.