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Chapter 03 - Sick Leave (S)

 
3.0 SICK LEAVE (S)

3.1 Purpose
3.2 Guidelines
3.2.1 Use of Sick Leave
3.2.2 Verification of Need to Use Sick Leave
3.2.3 Accrual of Sick Leave
3.2.4 Exceptions to Sick Leave Accrual
3.2.5 Change of Status Affects Sick Leave for Classified Employees
3.2.6 Change of Status Affects Sick Leave for Faculty
3.2.7 Change in Appointment Type Affects Sick Leave
3.3 Resources


3.0 SICK LEAVE (S)

3.1 Purpose
To provide employees limited paid leave to use for their own medical necessities.

3.2 Guidelines
These guidelines apply to classified staff covered by the Virginia Personnel Act and to salaried faculty who do not participate in the Virginia Sickness and Disability Program. Employees may be full or part-time and on a regular or restricted appointment.

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3.2.1 Use of Sick Leave

  1. Employee Sick Leave

  2. The following reasons qualify for employee sick leave:
    1. an employee is ill or otherwise temporarily disabled and cannot perform their job duties.
    2. an employee has (or has been exposed to) a contagious disease and their presence on the job might jeopardize the health of others.
    3. an employee's medical appointment(s) cannot be scheduled during non-work hours.
    4. a classified employee may apply up to 33% of sick leave balance in conjunction with approved Family and Medical Leave (does not apply to faculty).

   2. Family Sick Leave See section 4.0

  1. Use of family sick leave does reduce the accrued sick leave balance.

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3.2.2 Verification of Need to Use Sick Leave

Sick leave is subject to verification

    1. An employee must comply with a management request for verification of the need to use sick leave.
    2. The use of paid sick leave may be denied if the employee fails to comply with a management request for verification of the need for sick leave.

Forms of Verification May Be

    1. certification from the employee's treating physician that the employee is temporarily disabled from work which should indicate the extent of the disability and the estimated period of disability.
    2. certification from the employee's treating physician that the employee currently has (or has been exposed to) a contagious disease and their presence on the job might jeopardize the health of others.
    3. evidence that the employee has a medical appointment that could not have been scheduled during the employee's non-work hours.

    4. An employee disabled for an extended period of time will be required to submit a physician's certification of disability and/or a certification by a physician designated by the university periodically.

Verification in Advance


  1. An employee who anticipates a medical disability such as elective surgery, pregnancy, and childbirth, should submit a physician's certification of disability to the department as soon as possible to assist management in planning for the absence, subject to any limitations imposed by the Family Medical Leave Act.

Verification and Re-verification


  1. An employee, requesting to use or to extend the use of sick leave for a temporary disability, may be required to submit a physician's certification of disability at any time subject to any limitations imposed by the Family Medical Leave Act.

Release to Return to Work


  1. An employee may be requested to obtain a physician's certification of eligibility to return to work either full or part-time.

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3.2.3 Accrual of Sick Leave

State Sick Leave Plan for Classified Employees


  1. Full-time employees earn 5 hours sick leave per pay period. There is no maximum accrual limit.
    Accrued sick leave is available to use only after the end of the pay period in which it is earned (e.g. leave earned for pay period of January 25 - February 9 is earned and available to use after February 9). In order to earn leave, all workdays within a pay period must either be worked or charged to applicable leave with pay.
    If sick leave is exhausted, any other type of leave available may be charged for continued absences. After all leave is exhausted, continued absence will be considered leave without pay and subsequent check(s) will be adjusted accordingly.

University Sick Leave Plans for Faculty Employees

  1. Full-time (academic year and calendar year) regular faculty employees, hired on or after September 1, 1981, receive 1040 hours at the beginning of their appointment.

    1. Sick leave is charged only for absences exceeding ten consecutive workdays. At the department head's discretion faculty may be required to report sick leave usage for absences less than 10 days provided that it is applied uniformly. Academic year or calendar year faculty who remain on sick leave for more than ten days are required to submit a leave form indicating the full extent of the sick leave period. On return from sick leave, re accrual to a maximum of 1040 hours is at the rate of 40 hours for every 80 hours of full-time work. No sick leave is earned or re accrued for any pay period during which sick leave has been charged.
      If sick leave is exhausted, any other type of leave available may be charged for continued absences. If all leave balances are exhausted, continued leave of absence will be considered leave without pay and subsequent pay check(s) will be adjusted accordingly.
  2. Full-time regular faculty, employed prior to September 1, 1981, had the option of taking the plan which provides 1040 hours or keeping the existing plan which provides an accrual of 5 hours per pay period with no maximum accrual limit, except that academic year faculty earn sick leave only during the established academic year.

    1. Accrued sick leave under this plan is available to use only after the end of the pay period in which it is earned (e.g. leave earned for pay period of January 25--February 9 is earned and available to use after February 9). In order to earn leave, all workdays within a pay period must either be worked or charged to applicable leave with pay.
      If sick leave is exhausted, any other type of leave available may be charged for continued absences. If all leave balances are exhausted, continued leave of absence will be considered leave without pay and subsequent pay check(s) will be adjusted accordingly.
  3. Full-time restricted faculty earn 5 hours per pay period. There is no maximum accrual limit. Accrued sick leave is available to use only after the end of the pay period in which it is earned (e.g. leave earned for pay period of January 25-February 9 is earned and available to use after February 9). In order to earn leave, all workdays within a pay period must either be worked or charged to applicable leave with pay. If sick leave is exhausted, any other type of leave available may be charged for continued absences. If all accrued leave is exhausted, continued leave of absence will be considered leave without pay and subsequent pay check(s) will be adjusted accordingly.

Part-time salaried Employees


  1. Part-time faculty and classified staff are provided a proportionate amount of sick leave according to their percent of employment and the type of sick leave plan they have.

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3.2.4 Exceptions to Sick Leave Accrual

Sick Leave Does Not Accrue

  1. when there is any leave without pay during a pay period (e.g. an employee is off longer than applicable leave balances will cover).
  2. after 90 consecutive calendar days of leave with pay, even if the employee has sufficient leave to cover the continued absence. A return to work for a complete pay period will interrupt the count of 90 consecutive calendar days of leave with pay.
  3. during any pay period when an employee is on suspension (See State Policy 1.60, Standards of Conduct), except that:
    1. if a suspension extends into a second pay period, accrual of sick leave shall resume in the second pay period unless the period of suspension exceeds 15 calendar days; and
    2. if a suspension extends into a third pay period, accrual of sick leave shall resume in the third pay period unless the period of suspension exceeds 31 calendar days; and
    3. if a suspension exceeds 31 calendar days resulting from an official investigation, accrual of sick leave will not resume until the employee returns to work; and

  4. when an employee is on layoff/lwop, except that the period of layoff (up to 12 months) counts as service for purposes of obtaining five years of service for the payoff of excess sick leave balances when the employee leaves state service (State Policy 4.55 IV D 3 and 4, also see State Policy 1.30, Layoff, for additional information).

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3.2.5 Change of Status Affects Sick Leave for Classified Employees

Payment Eligibility When Separating

  1. Full-time classified staff employees with five years of continuous state service qualify for payment of 25% of their sick leave balance, not to exceed a maximum of $5,000, when they leave state service by resignation (including resignation from layoff status), retirement, or termination. Part-time classified employees with five years of continuous state service qualify for payment of 25% of their sick leave balance not to exceed the proportionate rate of their percent of employment up to the $5,000 maximum when they leave state service by resignation (including resignation from layoff status), retirement, or termination. The remaining balance is forfeited.

Changing Percent of Time

  1. An employee who reduces their percent of appointment retains their full balance. During the part-time appointment, leave will be earned proportionate to the percent of time worked.

Payment eligibility for Extended Leave of Absence

  1. Payment may be requested, if eligible, when an employee is initially placed on:
    • layoff/leave without pay
    • military leave without pay (for other than the time normally covered by military leave with pay)

 

Reinstatement of Leave Balances

  1. If re employed within 180 days of separation, a classified employee may be credited with the sick leave balance held on the date of separation. If payment was made, they may only be credited if they reimburse the agency the full amount of sick leave paid them.

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3.2.6 Change of Status Affects Sick Leave for Faculty

  1. Faculty are not normally eligible for payment of any portion of sick leave balances when they resign, retire, or otherwise terminate. An exception to this is a classified employee who transfers to regular faculty status and is not paid at the time of transfer.
  2. If percent of appointment is reduced for longer than three months, the employee shall have their balance reduced proportionately and the excess hours are forfeited. These balances will not be reinstated for subsequent changes in percent of appointment.

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3.2.7 Change in Appointment Type Affects Sick Leave

Changes of appointment type such as regular faculty to restricted, or classified to faculty, will impact leave earnings and payment eligibility. For detailed information on the impact of these changes please contact Human Resources.

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3.3 Resources

  • Virginia Department of Human Resources Policy 4.55 Sick Leave, followed by Sick Leave Annotations
  • Commonwealth of Virginia Employee Handbook 1992-94
  • VT (Staff) Employee Handbook II.A.2
  • University Policies. Policy 4040: Special Term Classified/Academic Year Appointment Guidelines 2.2 #6
  • Virginia Tech Faculty Handbook
  • Virginia Tech Handbook for Special Research Faculty

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