Leave and FMLA

Annual Leave (Full-time Classified Employees & Administrators)

Annual leave may be used however you wish, including vacations and other personal purposes, or to cover other kinds of leave for which you have zero balance. Future leave not yet accrued may not be “borrowed” for present use. No annual leave accruals will be given for any pay period during which an employee is on leave without pay. Leave is earned for each semi-monthly pay period and posted on the 10th and 25th of the month. The accrual rate is dependent on the length of state service. Leave is pro-rated for part time classified employees.

Classified Employees

Years of Service	Accrual Rate Per Pay Period	Total Hours Accrued per Year	Maximum Leave Carryover	Maximum Leave Payout
Less than 5 years	4 hours	96 hours (12 days)	192 hours (24 days)	192 hours (24 days)
5 years	5 hours	120 hours (15 days)	240 hours (30 days)	240 hours (30 days)
10 years	6 hours	144 hours (18 days)	288 hours (36 days)	288 hours (36 days)
15 years	7 hours	168 hours (21 days)	336 hours (42 days)	288 hours (36 days)
20 years	8 hours	192 hours (24 days)	384 hours (48 days)	336 hours (42 days)
25 years	9 hours	216 hours (27 days)	432 hours (54 days)	336 hours (42 days)

Administrators

Accrual Rate Per Pay Period	Total Hours Accrued per Year	Maximum Leave Carryover	Maximum Leave Payout
8 hours	192 hours (24 days)	240 hours (30 days)	240 hours (30 days)

Virginia Sickness and Disability Leave (VSDP)

This program provides employees supplemental or replacement income during periods of partial or total disability.

Who Is Covered
Full-time classified employees are automatically enrolled into the VSDP upon hire. Full-time instructional Faculty and Administrators who have opted to participate in the VSDP are provided sick leave and family/personal leave each calendar year. This leave cannot be carried over from year to year. In the event of an extended illness or serious injury, VSDP also provides for short-term and long-term disability benefits at 100%, 80%, or 60% of the employee’s salary, depending on the length of service.

See the VSDP Handbook (pdf) for details.

Effective Coverage Dates
The effective coverage date is the first day of employment and includes sick leave, family and personal leave, short-term and long-term disability coverage for work-related illnesses or injuries and long-term care benefits.

If you were hired or rehired effective July 1, 2009 you must complete one year of continuous employment before becoming eligible for short-term and long-term disability coverage for non-work related illnesses or injuries.

New Employee Sick and Family/Personal Leave
This leave does not carry over. The following set hours will be initially credited on your first day of employment.

Full-Time:

Employment Begin Date	Sick Leave Hours	Family & Personal Leave Hours
January 10 - July 9	64	32
July 10 - January 9	40	16

Part-Time:

Employment Begin Date	Sick Leave Hours	Family & Personal Leave Hours
January 10 - July 9	32	32
July 10 - January 9	20	16

Family & Medical Leave Act

What is FMLA?
- The Family and Medical Leave Act (FMLA), a federal law, protects you from negative impacts to your job when you take time off or a leave of absence for any of the following reasons:
  - A serious health condition, either yours or a family member’s
  - Prenatal medical care or incapacity due to pregnancy and/or delivery
  - Time to bond with your new baby or newly placed adopted or foster child
  - Qualifying activities (exigencies) related to a family member’s military active duty
  - A serious injury or illness of a family member who is a current member of the armed forces or a veteran
  The College determines when to designate a leave as “FMLA” based on the facts of each individual situation. When we know facts that indicate your leave of absence might be covered under FMLA, we are required to inform you of your rights under this law. You are responsible for providing enough information so that the College can make the appropriate determination.
What FMLA is not
- FMLA is a designation, not a type of accrued time off. You do not accrue FMLA and it is not a paid leave time like vacation or sick time. If your absence meets the criteria for FMLA-coverage, it will be designated as FMLA and will run concurrently with your use of available leave types or leave without pay.
Am I eligible?
- Based on federal requirements, we use a two-question assessment to determine whether you are eligible for FMLA protection.
  
  Question 1: Have you worked for a VA state agency for at least 12 months as of the start date of your requested time off or leave of absence? The 12-month requirement includes your time working for the University as well as any other time you’ve worked for a Washington state agency. If you had a break in service that lasted more than seven years, generally, that prior service is not counted.
  
  Question 2: Have you worked for a VA state agency for at least 1250 hours in the 12 months prior to your first day of leave? The 1250 hours must be actual worked hours. If you are eligible for overtime, your overtime hours count toward the 1250 hours. But paid and unpaid time off — except military leave — do not count toward the 1250 hours.
Eligibility
- If the answer is “yes” to those two questions, you qualify for FMLA coverage, as long as:
  - Your absence is for an FMLA-qualifying reason
  - You haven’t already used up your 12-week entitlement (as of the start date of your leave of absence)
  Not Eligible
  
  If the answer is “no” to either or both questions, you do not qualify for FMLA-coverage for this particular leave of absence. You may, however, still be eligible for leave under state law or University policy. Your HR Leave Specialist can help you assess your options. FMLA eligibility status can change over time. If you were denied FMLA coverage because you haven’t worked at the College long enough or have used up your leave entitlement for the 12-month period, you may be eligible when you need leave at a later date.
Periodic updates
- During your absence, we may ask that you update us periodically about your ability to return to work. If your need for a leave of absence changes significantly or is longer than anticipated, we may ask for an updated health-care provider certification.
FMLA Forms