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Employee Relations Policies

Inclement Weather/Emergencies Policy

This policy is designed to provide employees continuity in pay for absences that result from authorized shift modification because of inclement weather conditions or other emergencies such as fire, utility failure, or other forced evacuations.  Information regarding the University’s operating schedule can be obtained by calling (434) 243- and 924-SNOW.  Additionally, information regarding the University operating schedule will be available on the University's home page: www.virginia.edu

An authorized shift modification is the period of time University operations are officially modified and non-essential employees are not required to work. Such modifications may be for an entire or partial shift.

A non-essential employee is an employee who is not required to work during periods of authorized shift modifications.

An essential employee has been identified as being required to work during periods of authorized shift modifications. Essential employees are generally those engaged in work in the UVa Health System and other essential service areas such as security, power plant, student, patient and employee food services, snow removal, maintenance services, animal care, transportation services, and certain computer operations.

Entire Shift Modification
A non-essential employee absent for an entire shift modification will be paid for such absence provided the employee worked or was on paid leave the workday before and the workday after the shift modification. The employee will be paid for the number of hours he/she was scheduled to work during the shift modification. If an employee's normal work schedule is more than the period of the authorized shift modification, any additional hours not worked must be charged to leave or leave without pay as appropriate or be worked at a later time. An employee who is on approved leave with pay for an authorized shift modification will not be charged leave for the day. An employee who is not eligible to receive pay for the period of the closing may apply accumulated annual, sick, compensatory, or overtime leave or leave without pay as appropriate.

An essential employee will be credited with compensatory leave for the normally scheduled hours worked during authorized shift modification. An essential employee required to work in excess of the hours in his/her normally scheduled shift will be compensated in accordance with the Fair Labor Standards Act (FLSA) for the excess time worked, provided he/she is in a nonexempt classification. An essential employee who does not report to work as scheduled must charge time missed to annual, sick, compensatory, or overtime leave, or leave without pay as appropriate. If deemed necessary, corrective action for failure to report may be taken under the Standards of Conduct and Performance Policy. An essential employee who is on approved leave with pay for an authorized shift modification will not be charged leave for the day.

Department heads, assistant department heads, and other administrative officials responsible for making agency policy decisions are not eligible for compensatory leave being credited.

Partial Shift Modification
When inclement weather or emergency conditions result in a change in the work schedule, such as a late opening or excusing employees early, a nonessential employee will be paid for the period of the authorized shift modification. To qualify for payment in these instances, the employee must work all or part of the work schedule not affected by the authorized shift modification. A non-essential employee who is allowed to leave work prior to an announcement of a partial shift modification must charge the difference between that time and the official shift modification time to leave balances or to leave without pay.

An essential employee required to work his/her normal schedule during periods of authorized shift modification will be credited with compensatory leave for hours worked, or will be paid hour-for-hour at his or her regular rate of pay in lieu of compensatory leave at the discretion of the department head. Employees will be compensated in accordance with the Fair Labor Standards Act (FLSA) for the excess time worked, provided he/she is in a non-exempt classification.

An essential employee who does not report to work as scheduled or leaves work early must charge time missed to annual, sick, compensatory or overtime leave, or leave without pay as appropriate. If deemed necessary, corrective action for failure to report may be taken under the Standards of Conduct and Performance Policy.

An employee who is on paid leave on a day of a partial shift modification will have those hours of the shift modification applied to this policy and not to his/her leave balances.

Shift Modification On Employee's Days Off
An employee whose scheduled day off falls on a day when a shift modification is authorized will not be credited with compensatory leave.

Shift Modification on Employee's Day Of Hire/Rehire/Return from Leave
If an entire shift modification falls on the first workday in a pay period and a nonessential employee is scheduled to begin employment that day, the first day of the pay period will be listed as the day of hire/rehire or return from leave.

If an employee is designated essential, he/she is required to work the shift. His/her appointment will be effective only if he/she actually works the shift. If he/she doesn't report to work, the appointment will be effective the first day actually worked.

Shift Modifications on Employee's Day of Resignation or Beginning of Leave
An employee whose resignation or beginning of a leave without pay is effective the day of an entire shift modification will not qualify for payment. The separation will be effective the last actual day worked (or last day of paid leave in the case of a leave without pay) unless the day of the entire shift modification falls on the last day of a pay period.

Transportation Difficulties
When conditions create transportation difficulties that result in late arrival of an employee to work, lost time need not be applied to leave balances nor should the employee otherwise experience loss of pay provided the arrival is within a one-hour grace period beginning at the normal scheduled time to report. In case of extreme inclement weather, there will be an official announcement through local radio and television stations extending the one-hour grace period for employees with difficult transportation problems. The period of absence within the grace period will be charged to leave balances unless, in the judgment of the departmental head or designee, such lost time was justifiable in consideration of weather conditions, place of residence, or other pertinent factors. Compensatory leave is not credited to employees who report at their normal time when such an announcement is made.

Communication Plan
The decision by the President or the Executive Vice President/Chief Operating Officer to modify the University work schedules will be communicated to regional news media including but not limited to the following:

TV Station/Radio Stations: WVIR, WCHV, WINA, WTJU, WCYK, WUVA, WKAV

Employees other than essential personnel who report to work during periods of authorized shift modification as a result of not having heard the shift modification announcement will not normally be credited with compensatory leave except in extenuating circumstances and upon the approval of the University Chief Human Resources Officer.

When employees may be released from work early because of existing or anticipated extreme inclement weather or other emergencies, administrative officials will be informed by the Office of the President and in turn will be responsible for notifying all employees under their supervision.

Management Responsibilities
It is the responsibility of the management and supervision of each operational unit to inform essential employees that they will be required to work during authorized shift modifications. It is recommended that employees be notified at the time of employment, or annually just prior to the winter season, or when it can be predetermined that for certain types of emergencies these employees' services will be necessary.

Occasionally, nonessential employees may become essential and vice versa. Management should notify employees of changes in their status as soon as practicable.

Inclement Weather/Emergencies Leave and Compensation Chart
Circumstances
Non-Essential Employees
Essential Employees
Entire Shift Modification Excused from work with pay if worked or was on paid leave the scheduled workdays before and after. If other than above, must apply accumulated leave if eligible for such leave. Must report as scheduled, receive pay and earn compensatory leave. If approved not to report, must charge leave balances.
Partial Shift Modification: Late Opening (announced) Excused from work with pay if works all or part of work schedule not affected by authorized modification. If on paid leave, only charge those hours not authorized as a shift modification. If on leave without pay, must charge the entire time balances absent including the shift modification. Must report as scheduled, receive pay and earn compensatory leave. If approved not to report, must charge leave
Excused Early Excused from work with pay if works all or part of work schedule not affected by authorized modification. If on paid leave, only charge those hours not authorized as a shift modification. If on leave without pay, must charge the entire time absent including the shift modification. If employee stays at his/her option, no compensatory leave earned. Remains at work, receives pay and earns compensatory leave. If approved to leave, must charge leave balances.
Transportation Difficulties or Extended Grace Period If arrives within one hour or within announced extended grace period and with supervisor's approval, will receive pay. If not approved, must charge leave balances. No compensatory leave for those who arrive before end of grace period. Same as for non essential employees.