HRM-013: Available Leave Types for University Staff Employees

Date: 10/19/2021 Status: Final
Last Revised: 10/24/2022
Policy Type: University
Oversight Executive: Vice President and Chief Human Resources Officer
Applies To:

Academic Division and the College at Wise.

Reason for Policy:

This Policy provides a single resource where University of Virginia leave-related benefits are compiled to provide an accessible and comprehensive reference outlining the various types of leaves available to University Staff Employees and the requirements for each. (Refer directly to those policies for more details.) [Note: This policy does not address leave types for Faculty or Classified Staff. In some cases, the associated policies referenced below do apply to employee types other than University Staff Employees.]

Definition of Terms in Statement:
  • Family Medical Leave Act (FMLA):

    Provides an employee up to twelve (12) workweeks of unpaid leave during a twelve (12) month period for family or medical leave and ensures the employee is reinstated to the same or an equivalent position following the leave period in accordance with FMLA guidelines.

  • Leave:

    An authorized absence from work for various reasons such as vacation, personal illnesses, family illnesses, bereavement, attend to personal business, etc. Most types of Leave are Paid. However, Unpaid Leave time may be granted under some circumstances.

  • Leave Plan Year:

    Begins with the first day of the pay period which includes January 1 (known as Pay Period 1) and ends on the last day of the pay period preceding Pay Period 1 of the following year.

  • Paid Leave:

    There are two types of paid leave available to University Staff Employees:

    1. Leave time determined at a variable rate that is based on an employee’s years of service, the use of which usually is approved in advance by the employee’s supervisor and may be used for any purpose including but not limited to vacation, personal and family illness, bereavement, attend to personal business, etc., but requiring no specific justification or explanation by the employee. This is referred to throughout the policy as Paid Leave.
    2. Leave time provided at a predetermined rate, the use of which is approved in advance by the employee’s supervisor and must be used for the specific purpose for which it was intended (e.g., Civil and Work-Related Leave, School Assistance and Volunteer Service Leave, etc.).
  • Restricted Position:

    A University Staff position that is:

    1. created to complete a specific function or project within a defined period of time, and has a required system end date established at the time of hire or as subsequently extended; or
    2. funded wholly or in part from non-continuous or non-recurring funding sources (e.g., grants, donations, contracts, etc.) and contingent on the continued availability of funding, the cessation of which for any reason results in the abolition of the position.
  • Rolling 12 Month Period:

    The twelve (12) month period measured backward from the date an employee uses any Family and Medical Leave (FMLA). Under the rolling twelve (12) month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months.

  • University Staff Employees (University Staff):

    Those salaried, non-faculty employees hired on or after July 1, 2006, and those salaried non-faculty employees and administrative and professional faculty electing to participate in the UVA Human Resources System established by the Board of Visitors under the authority granted by the Restructuring Act and the Management Agreement. (The term “University Staff Employee” includes all three categories of University Staff Employees - Operational & Administrative, Managerial & Professional, and Executive & Senior Administrative.)

Policy Statement:

The University of Virginia (University) provides multiple Leave types to University Staff Employees (University Staff), some of which are required by law, and some of which are provided as an additional employee benefit. This policy delineates the Leave types, along with eligibility criteria and where applicable, procedures for implementation.

  1. Paid Leave Types:

    1. University Staff Leave:
      University Staff are provided a Paid Leave benefit that combines three (3) types of Paid Leave: annual, sick, and family/personal — into a flexible, consolidated Leave program. In the Human Resource Management System (HRMS), University Staff Leave is treated as an accrual. The HRMS reflects the amount of University Staff Leave employees have accrued through the current pay period.

      1. Eligibility – All full-time and part-time salaried University Staff in benefit-eligible positions, who are regularly scheduled to work a minimum of twenty (20) hours to forty (40) hours per workweek, are eligible to receive University Staff Leave at a rate determined by years of benefit-eligible employment with the University, the Medical Center, or any agency of the Commonwealth of Virginia. Years of service need not be continuous. New hires or re-hires will receive University Staff Leave for the Leave Plan Year in which they are (re)hired at a pro-rated accrual rate based on the date of hire or re-hire. Part-time salaried University Staff earn University Staff Leave at a rate proportionate to their part-time status.

      2. Leave Availability – The entire amount of University Staff Leave will be available for use at the start of each Leave Plan Year providing a University Staff Employee with maximum flexibility in their use of Leave time. University Staff Leave is earned on a per-pay-period basis. Therefore, if a University Staff Employee separates from the University during the Leave Plan Year, the time used, and the time earned must be reconciled. University Staff Leave earned, but not used, will be paid to the University Staff Employee. University Staff Leave used, but not earned, will be subtracted from the departing University Staff Employee’s final paycheck.

      3. Supervisor Approval – All University Staff Leave time taken must be approved in advance by the University Staff Employee’s manager and recorded in the applicable HRMS. Such approval shall not be unreasonably withheld. The University Staff Employee and their manager should make all reasonable efforts to maintain services during the University Staff Employee’s absence. In the event of an unexpected personal or family illness or other unexpected event that requires an immediate leave of absence, the University Staff Employee must promptly notify their manager on the first day of the absence or if that is not possible, as soon as practical thereafter.

        (Refer to University Policy HRM-013.01: Paid Leave for University Staff Employees for additional information.)

    2. Bereavement Leave:
      Eligible University Staff may be granted a maximum of three days (24 hours based on full-time employment, pro-rated for part-time) of paid Bereavement Leave for each occurrence of death in the eligible employee’s immediate family.

      (Refer to University Policy HRM-013.04: Bereavement Leave for University Staff Employees for information on who is included in “immediate family” and other additional information.)

    3. Bone Marrow/Organ Donation Leave:
      Paid Leave under this benefit provides University Staff with Leave during the period that is medically necessary for donation of bone marrow or an organ and recuperation therefrom for up to thirty (30) days in any calendar year.

      1. Exceptions:

        1. University Staff, who are on disciplinary suspension, are not eligible to participate in this program.

        2. University Staff in Restricted Positions may receive Paid Leave for bone marrow or organ donation only if the funding source has agreed to assume all financial responsibility for this benefit in its written contract with the Commonwealth.

      (Refer to DHRM Policy 4.37 - Leave to Donate Bone Marrow or Organs for additional information.)

    4. Civil and Work-Related Leave:
      University Staff are provided with Paid Leave when they are performing certain civic duties and when they are participating in the formal resolution of workplace conflicts.

      1. Civic Reasons – Civil and Work-Related Leave is granted to University Staff to fulfill the civic duties and functions listed below. The University, as a state agency, must permit University Staff to be away from work for these purposes:

        • As required by a summons to jury duty.
        • To appear as a crime victim or as a witness in a court proceeding or deposition as compelled by a subpoena or summons.
        • To accompany their minor child when the child is legally required to appear in court.
        • To serve as an officer of election.
        • To serve as a member of a state council or board.
        • To attend their own naturalization ceremony.

        [Note: University Staff must provide a copy of the court-related summons paperwork to Benefits & Leave Center (UVA Human Resources).]

      2. Work-Related Reasons – Civil and Work-Related Leave may be granted to University Staff for absences during scheduled work hours for the following reasons:

        • Interview for other positions with the state.
        • Participate in resolution of work-related conflicts or of complaints of employment discrimination.
        • Attend work-related administrative hearings as a party or witness.
        • Attend one initial session at the Department of Human Resource Management’s (DHRM) Career Center and one subsequent visit per Leave Year thereafter.
        • Attend one initial session with the Employee Assistance Program (EAP) per qualifying incident. (University Staff who are not eligible for the EAP because they have waived state health coverage may consult the third-party administrator to obtain a referral to other behavioral health resources).
      3. Civil and Work-Related Leave is not granted for use by a University Staff Employee who:

        • Is a defendant in a criminal matter, where criminal matter means either an alleged misdemeanor or felony.
        • Has received a summons to appear in traffic court (except as a witness).
        • Is a party to a civil case, either as plaintiff or defendant, or who has any personal or familial interest in the proceedings.
      4. Appearance in court as a witness in an official capacity as a University Staff Employee shall not be classified as Leave and does not affect the compensation or benefits of the University Staff Employee. Similarly, Leave will be authorized without loss of compensation or benefits for appearance in court as a witness on behalf of the government of the United States, the District of Columbia, states, or their political subdivisions.

      5. A University Staff Employee who is subpoenaed as a witness in a non-work-related matter will receive time off with pay for the periods of absence from scheduled work as required by the court. Leave for appearance on one's own behalf or as a witness for a private party must be charged to University Staff Leave or Leave Without Pay (LWOP).

      6. Full and part-time University Staff will be granted leave to serve on jury duty, except for service on a grand jury, in which case special arrangements must be made with the University Staff Employee's manager and UVA Human Resources.

      (Refer to DHRM Policy 4.05 - Civil and Work-Related Leave for additional information.)

    5. Compensatory Leave:
      Compensatory Leave is managerial approved paid time off for eligible University Staff who worked additional hours in a workweek (e.g., an official office closing day, holiday, scheduled day off, or when a holiday falls on a University Staff Employee's scheduled day off). This is different from overtime which is the time worked by non-exempt University Staff that exceeds forty (40) hours in a workweek. Federal law mandates non-exempt employees are entitled to a higher rate of pay for the additional work (i.e., overtime pay).

      (Refer to DHRM Policy 3.10 - Compensatory Leave for additional information.)

    6. Educational Leave:
      Eligible University Staff may be granted a leave of absence at the discretion of and approval by a School/Department/Unit for the purpose of allowing University Staff time to further their education through study related to their work or that of the University.

      1. At the University's discretion, University Staff may be allowed to take Educational Leave with full, partial, or no pay.

      2. Educational Leave is limited to twelve (12) months. Extensions to this Leave, up to an additional twelve (12) months, may be granted by the University.

      (Refer to DHRM Policy 4.15 - Educational Leave for additional information.)

    7. Disaster Leave:
      Disaster Leave may be granted to provide requested emergency services in a declared state of emergency or major disaster area when requested by an authorized agency and approved in writing by the University Staff Employee’s immediate supervisor. Eligible University Staff are permitted forty (40) hours of Disaster Leave on an annual basis. Disaster Leave can be extended to an additional forty (40) hours.

      1. Leave may be available to a University Staff Employee who has sustained severe or catastrophic damage to or loss of their primary personal residence or has been ordered to evacuate that residence because of a natural or man-made emergency or disaster.

      2. University Staff requesting such leave must meet all criteria noted below:
        1. The event resulted in a formal declaration of a State of Emergency or of Federal Disaster Status.
        2. The primary personal residence of the University Staff Employee was located in the officially declared disaster area.
        3. The primary personal residence of the University Staff Employee is temporarily or permanently uninhabitable as formally documented by disaster relief organizations or insurance companies.
      3. Managers have sole discretion for authorizing the use of Disaster Leave for a University Staff Employee who is a victim of a disaster in the increments and up to the maximum permitted as noted above. In cases for which it is impossible to request leave in advance (e.g., immediately following a disaster when communications are unavailable), Disaster Leave may be granted retroactively by the supervisor upon written request.

      4. The University will not pay for expenses incurred by University Staff in recovering from the personal effects of a disaster. (NOTE: University Staff can apply for financial assistance through the Employee Assistance Fund (EAF) program.)

      (Refer to University Policy HRM-036: Use of Disaster Leave for additional information.)

    8. Employee Recognition Leave:
      Eligible University Staff may receive Recognition Leave (as well as bonuses and non-monetary awards) for contributions to the University. These rewards are typically provided to University Staff in recognition of teamwork, special projects, identification/implementation of new or modified business practices, exemplary effort, and employee appreciation. Schools/Departments/Units may provide non-monetary items or additional leave (up to 5 days per calendar year) for Employee Recognition.

      (Refer to University Policy HRM-024: Compensation Program for University Staff Employees for additional information.)

    9. Paid Parental Leave:
      Paid Parental Leave is provided to eligible University Staff following birth or placement through adoption, foster, or custodial care, in recognition of the importance of work/life balance and offering parents the opportunity to bond with their new child.

      1. Eligibility – Eligibility for Paid Parental Leave is determined using the following criteria, all of which must be met at the time of the birth, placement, or adoption to be eligible.

        1. A University Staff Employee must be employed by the University for at least one (1) continuous year (12 months), part-time or more, in a benefits-eligible position.
        2. A University Staff Employee is employed in a benefits eligible position upon the birth, adoption, or placement of a child. [NOTE: If the adoption involves a child who is incapable of self-care because of a mental or physical disability the age limit of eighteen (18) may be waived.]
        3. The University Staff Employee must be the biological, foster, or adoptive parent.

        In addition to the above, University Staff who are not eligible for Paid Parental Leave on the date of birth, adoption, or placement may become eligible during the following six (6) months and access Paid Parental Leave once they meet all eligibility requirements.

        Paid Parental Leave will end immediately if the University Staff Employee no longer meets the criteria for eligibility. For example, if the University Staff Employee voluntarily or involuntarily transfers to an ineligible position or separates from the University while on Paid Parental Leave.

      2. Leave Amount – Eligible University Staff receive up to eight (8) weeks (320 hours) of Paid Parental Leave. The amount of Paid Parental Leave is prorated based on the University Staff Employee’s full-time equivalency at the time Leave is used.

      3. Leave Usage – Paid Parental Leave shall be used within six (6) months of the birth or placement through adoption, foster, or custodial care of a child for any one or more of the following reasons:

        1. Care and bonding with a newborn child during the period immediately following birth.
        2. Care and bonding with a child placed with University Staff through adoption or foster care or a legal custodial arrangement.
        3. Allow the parent who gave birth time to recover from childbirth and/or medical conditions related to childbirth.

        Eligible University Staff shall charge Paid Parental Leave in one (1) continuous eight (8) week period. Paid Parental Leave may not be used on an intermittent basis. Paid Parental Leave shall only be used once per child and only once within a twelve (12) month period. One (1) Paid Parental Leave benefit is available per University Staff Employee, per birth or placement through adoption, foster, or custodial care event. Multiple births or adoptions that occur at the same time (e.g., the birth or adoption of twins) do not increase the length of Paid Parental Leave provided.

        Unused Paid Parental Leave is forfeited six (6) months from the date of the birth/placement and cannot be banked for later use. Moreover, Paid Parental Leave terminates at the conclusion of the foster or custodial care placement or within six (6) months of the placement, whichever comes first.

      4. Paid Parental Leave will run concurrently with Family Medical Leave Act (FMLA) leave if the University Staff Employee meets the FMLA eligibility requirements. The concurrent use of Paid Parental Leave and FMLA leave will decrease, in whole or in part, the amount of FMLA leave available to the University Staff Employee.

      (Refer to University Policy HRM-013.02: Paid Parental Leave for University Staff Employees for additional information.)

    10. Military Leave:
      In accordance with federal and state law, the University shall grant Military Leave to an eligible University Staff Employee, as a member of the National Guard or member of any of the Reserve institutions of the Armed Forces, engaged in authorized training or duty, ordered, or authorized by proper authority. During such periods, the University Staff Employee is absent from work without loss of performance management rating, Paid Leave accrual, or salary; and when relieved from military duty, the University Staff Employee will be restored to the position, status, and benefits (if any) previously held.

      Eligible University Staff are provided with paid Military Leave not to exceed fifteen (15) workdays in a federal fiscal year (October 1 - September 30). An additional eight (8) hours (per federal fiscal year) of paid Military Leave is available for pre-induction and other physical examinations required for military service.

      (Refer to DHRM Policy 4.50 – Military Leave for additional information.)

    11. School Assistance and Volunteer Service Leave:
      School Assistance and Volunteer Service Leave provides eligible University Staff with up to sixteen (16) hours of Paid Leave in any Leave Plan Year, to provide volunteer services through eligible non-profit organizations within or outside their communities. Such service may be provided as a member of a service organization or through authorized school assistance.

      Virginia state law (Va. Code Ann. § 2.2-2821.2) provides eight (8) hours of paid School Assistance and Volunteer Service Leave for full-time University Staff serving in a volunteer fire department or rescue squad. [NOTE: The eight (8) hours provided under this law is in addition to the sixteen (16) hours of paid Volunteer Service Leave to provide other volunteer services or school assistance.]

      University Staff who are members of a volunteer fire or rescue squad should contact the Benefits & Leave Center (UVA Human Resources) to use the state mandated eight (8) hours of paid School Assistance and Volunteer Service Leave, exclusively for the purpose of providing firefighting and rescue services.

      (Refer to DHRM Policy 4.40 - School Assistance and Volunteer Service Leave for additional information.)

    12. Work Related Injury or Disease Leave:
      An eligible University Staff Employee incapacitated by an injury or illness caused by their job and whose claim has been approved by the insurance carrier shall receive workers' compensation leave with pay to cover their absence. A University Staff Employee participating in the Virginia Sickness and Disability Program (VSDP) who suffers from a work-related injury or disease and misses at least one (1) week of work, must complete the required workers’ compensation documentation, and initiate a claim for short-term disability. For the first ninety-two (92) calendar days of absence, a University Staff Employee receives Workers' Compensation Leave for the total period of absence. After ninety-two (92) days, LWOP may be extended for sixty (60) workdays. After payment of the sixty (60)-day work supplement, for each workday missed, the University Staff Employee will receive 2/3 Workers' Compensation Leave. For the remaining balance (1/3), the University Staff Employee may choose to utilize their University Staff Leave, Compensatory Leave, or request LWOP to cover the total period of absence.

      Workers' Compensation Leave cannot be recorded or compensated until the University Staff Employee provides a physician's verification that the absence from work was due to the job-related injury or illness.

      (Refer to DHRM Policy 4.60 - Workers Compensation for additional information.)

  2. Unpaid Leave Types:
    University Staff who require time off but do not have sufficient University Staff Leave may take a period of Leave Without Pay (LWOP). There are two (2) types of LWOP.

    1. Conditional Leave Without Pay – Approved absence from work without pay that guarantees reinstatement only if the position previously held by the University Staff Employee is available upon their return to work. If the position is not available, the University Staff Employee can only be employed again at the University after going through the normal recruitment and selection process.

    2. Unconditional Leave Without Pay – Authorized absence from work without pay that guarantees reinstatement to the position the University Staff Employee previously held.

    Both types of LWOP are limited to a period of twelve (12) consecutive months but may be extended in specific situations. As LWOP may affect some benefits, University Staff are strongly advised to contact the Benefits & Leave Center (UVA Human Resources) if they anticipate the need for LWOP.

    1. Extended Disability Leave:
      University Staff experiencing an extended disability may be approved for up to an additional twelve (12) consecutive months of Unpaid Leave, subject to eligibility requirements.

      (Refer to DHRM Policy 4.45 – Leave Without Pay Conditional and Unconditional for additional information.)

    2. Educational Leave:
      University Staff may be permitted to take Unpaid Leave for educational purposes that requires a longer period of absence than allowed under the University Staff Leave benefit. Approved LWOP is limited to a period of twelve (12) consecutive months and may be extended up to an additional twelve (12) consecutive months upon approval of the Chief Human Resources Officer (CHRO).

      (Refer to DHRM Policy 4.15 – Educational Leave and DHRM Policy 4.45 – Leave Without Pay Conditional and Unconditional for additional information.)

    3. Family Medical Leave (FMLA):
      The University provides eligible University Staff with up to twelve (12) weeks (60 workdays; 480 work hours) of job protected, Unpaid Family Medical Leave (up to twenty-six (26) weeks in the case of qualified Military Leave) during a rolling twelve (12) month period.

      Managers should contact the Benefits & Leave Center (UVA Human Resources) immediately for guidance when it appears University Staff will be out for an extended period. Affected University Staff will be promptly provided with notification of the applicable FMLA provisions, as required by the Act, and the contact information for the University’s third-party leave benefits administrator.

      1. Leave Benefits and Use:

        1. Eligible full-time University Staff are entitled to twelve (12) weeks of Unpaid Family Medical Leave on a rolling twelve (12) month period for the following circumstances:

          • Birth of, or to care for, a child (to be taken within twelve (12) months after birth).
          • The placement of a child with the University Staff Employee for adoption or foster care (to be taken within twelve (12) months of the date of the original placement).
          • The need to care for an immediate family member (University Staff Employee's child, spouse, or parent) with a serious health condition.
          • The University Staff Employee’s own serious health condition which makes them unable to perform the essential functions of their job.
          • A Qualified Exigency arising out of the fact that the University Staff Employee's spouse, child, or parent is a member of a regular component of the U.S. Armed Forces or is a member of the National Guard or Reserves, and who is deployed to a foreign country on active duty pursuant to Section 101(a)(13)(B) of Title 10 of the United States Code. Qualified Exigencies for which an employee may take FMLA leave include:

            • Making alternative childcare arrangements for a child of the deployed military member.
            • Attending certain military ceremonies and briefings.
            • Making financial or legal arrangements to address the military member’s absence.
          • The need to care for a U.S. servicemember or veteran with a serious injury or illness incurred or aggravated in the line of duty while on active military duty if the employee is the spouse, child, parent, or next of kin of the servicemember or veteran. For military caregiver leave, the University will grant eligible employees up to twenty-six (26) workweeks of job protected unpaid leave during a rolling twelve (12) month period.
        2. If a University Staff Employee and their spouse are both employed by the University, they are entitled to an aggregate of twelve (12) weeks of leave on a rolling twelve (12) month period for birth, placement for adoption, or foster care. However, if Leave is for a seriously ill spouse or child or serious illness involving the University Staff Employee, both parents are each entitled to a twelve (12) week period. Certain kinds of Paid Leave, according to applicable University Leave policies, will be substituted for Unpaid Leave.
        3. For an eligible part-time University Staff Employee, actual Family Medical Leave hours taken will be counted on a prorated basis corresponding to the percentage of hours the employee normally was scheduled to work during a Leave Plan Year.
        4. Family Medical Leave may not be used for short-term conditions (a period of incapacity requiring absence of less than three (3) calendar days) for which treatment and recovery are brief, such as minor illnesses and out-patient surgical procedures with expected brief recuperating periods. It does not provide for the intermittent care of a child for such common illnesses as colds and flu.
        5. University Staff do not accrue University Staff Leave while on LWOP status during Family and Medical Leave.
      2. Intermittent Leave and Reduced Schedule Leave:
        Under certain circumstances, an eligible University Staff Employee may take leave intermittently (take a day or days periodically when needed) or use leave to reduce the workday or workweek (resulting in a reduced work schedule) when medically necessary because of the University Staff Employee’s own serious health condition or the serious health condition of a child, spouse, or parent. Under such circumstances, the University may temporarily transfer the University Staff Employee to another position that better accommodates the intermittent leave or reduced schedule if the new position carries equivalent pay and benefits. University Staff who must take intermittent leave or work a reduced schedule, may use available Paid Leave balances as permitted by each specific leave benefit or take Unpaid Family Medical Leave. University Staff Employees who require intermittent leave or reduced schedule leave must try to schedule their leave so that it will not disrupt the School/ Unit/Department's operations.

      3. Request for and Certification of Need for Leave:
        An eligible University Staff Employee should submit a written request for Family Medical Leave or Military Leave (whether for a “qualified exigency” involving the University Staff Employee’s spouse, child, or parent who is a member of the Armed Forces, including the National Guard and Reserves, and who is on covered active duty or has been notified of an impending call or order to covered active duty, or to care for a seriously ill or injured covered service member) to the University’s third-party leave benefits administrator at least thirty (30) days before the anticipated beginning of the Leave, unless the claim is to be handled through the Virginia Sickness and Disability Program (VSDP), or unless emergencies or unforeseen events preclude such advance notice. Prior to granting the Leave, the University may require certification for Leave that is requested for:

        • Serious health condition involving the University Staff Employee.
        • University Staff Employee’s family member's serious health condition.
        • Military Leave for a qualified exigency.
        • Military Leave that is requested for a covered service member’s serious health condition.

        The certification must include the date when the serious condition began, the probable duration of the condition, and other appropriate facts. When possible, the University Staff Employee must provide certification in advance of, or at the commencement of, the requested Leave. When that is not possible, certification must be provided within a reasonable period after the start of the designated Leave Period.

        All certifications and supporting documentation shall be submitted directly to the University’s third-party leave benefits administrator. The University Staff Employee must respond with the required documentation within fifteen (15) calendar days of the Notice of Eligibility. Failure to comply may result in delay or denial of leave, potentially subjecting the University Staff Employee to corrective action up to and including termination.

        Once the University’s third-party leave benefits administrator receives the completed medical certification, the University Staff Employee will be notified as to whether the leave request is approved or denied and whether the leave will be designated as FMLA leave.

        University Staff Employees who are on an intermittent leave may be required to periodically recertify in accordance with the Department of Labor guidelines. Recertification is required at least every six (6) months for ongoing medical conditions. Recertification may also be required if the circumstances described in the previous certification have changed significantly, or if the University receives information that casts doubt on the employee’s stated reason for the absence or the continuing validity of the certification.

        To recertify for intermittent leave, the University Staff Employee will be required to submit a new certification to the University’s third-party leave benefits administrator. Failure to comply may result in delay or denial of intermittent leave, potentially subjecting the University Staff Employee to corrective action up to and including termination.

      4. Status of Employment Benefits during Family Medical and Military Leave:
        The University will continue to:

        • Contribute to the health insurance premium of the salaried University Staff Employee approved for FMLA leave as noted.
          • Paid Leave - the payroll deduction of the employee’s portion of the premium continues.
          • LWOP - handled as if the employee is on LWOP.
        • Pay life insurance premiums while the University Staff Employee is on FMLA.
        • Make retirement contributions for any pay period in which qualifying compensation has been received by the University Staff Employee.
      5. Restoration to Position:
        At the end of the Family Medical Leave period, the University Staff Employee is normally reinstated to their original position, i.e., the position held when the leave began, unless they held a “Key Position” (i.e., a position within the highest paid ten (10) percent of all the University's employees, working within seventy-five (75) miles of the University’s facility), which needed to be filled during the absence. If the original position has been filled, the University Staff Employee is entitled to restoration to an equivalent position (requires comparability and correspondence to duties, terms, conditions, and privileges of the previous position held by the University Staff Employee). The University may require the University Staff Employee obtain certification from a healthcare provider indicating clearance and fitness to return to work.

        If the position previously held by the University Staff Employee is determined to be "Key," restoration may be denied when the:

        • University shows that denying restoration “is necessary to prevent substantial and grievous economic injury” to the University’s operations.
        • University notifies the affected University Staff Employee that restoration will be denied at the time the University determines that grievous economic injury would occur.
        • University Staff Employee has already begun the leave and elects not to return to employment within a reasonable time after receiving the University’s notice.

        The University will provide notification of its intent to deny restoration for a reason noted above in a timely manner.

        (Refer to University policy HRM-026: Family, Medical, and Military Leave for additional information.)

    4. Military Training or Active-Duty Leave:
      The University provides an eligible University Staff Employee with up to one hundred twenty (120) hours (15 days) of Paid Leave for active duty or military training. Service beyond fifteen (15) days requires LWOP.

      A University Staff Employee who is Active-Duty military, requires LWOP, and is requesting supplemental pay, should provide their School/Department/Unit with a Military Leave and Earnings Statement (LES), as soon as possible.

      LWOP for military reasons is usually limited to a period of twelve (12) consecutive months and may be extended up to an additional forty (48) consecutive months if the University Staff Employee receives an Honorable Discharge or General Discharge Under Normal Conditions, and up to forty-eight (48) months if hospitalized.

      (Refer to DHRM Policy 4.50 – Military Leave for additional information.)

    5. Temporary Non-State Employment:
      Requested non-state employment of vital importance to the state and/or national welfare, lasting up to twelve (12) months in duration, requires approval of the Chief Human Resources Officer and DHRM State Director.

      (Refer to DHRM Policy 4.45 – Leave Without Pay Conditional and Unconditional for additional information.)

  3. Compliance with Policy:
    Failure to comply with the requirements of this policy may result in disciplinary action up to and including termination or expulsion in accordance with relevant University policies. Noncompliance with the various federal and state law or regulation citations in this policy varies depending on the specific law or regulation. Potential penalties for noncompliance with a law or regulation depends on several factors, including but not limited to, the degree of non-compliance, the number of prior instances of noncompliance and penalties imposed, whether noncompliance rises to the level of the imposition of civil monetary penalties or criminal conviction, etc.

    Questions about this policy should be directed to Benefits and Leave Center (UVA HR).

Procedures:

Contact Benefits, Leave & Payroll (UVA Human Resources) or review the UVA Human Resources website at: https://hr.virginia.edu/.

Related Information:

HRM-013.01: Paid Leave for University Staff Employees
HRM-013.02: Paid Parental Leave for University Staff Employees
HRM-013.04: Bereavement Leave for University Staff Employees
HRM-024: Compensation Program for University Staff Employees
HRM-026: Family, Medical, and Military Leave

DHRM Policies:

  1. 3.10 - Compensatory Leave
  2. 4.05 - Civil and Work-Related Leave
  3. 4.15 - Educational Leave
  4. 4.37 - Leave to Donate Bone Marrow or Organs
  5. 4.40 - School Assistance and Volunteer Service Leave
  6. 4.45 - Leave Without Pay Conditional and Unconditional
  7. 4.50 - Military Leave
  8. 4.60 - Workers' Compensation

Va. Code Ann. § 2.2-2821.2
Family Medical Leave Act of 1993

Major Category: Human Resource Management
Next Scheduled Review: 11/16/2024
Approved by, Date: Policy Review Committee, 11/16/2021
Revision History: Added Section 2 10/24/22; Updated Section B.3 FMLA 8/26/22.