13.0 LEAVE WITHOUT PAY (Conditional & Unconditional)/DOCK
13.1 Purpose
13.2 Guidelines13.2.1 Dock13.3 Resources
13.2.2 Unconditional Leave Without Pay
13.2.3 Conditional Leave Without Pay
13.2.4 Effect of Leave Without Pay on Benefits and Incentive Increases
13.2.5 Length of Leave Without Pay
13.0 LEAVE WITHOUT PAY (Conditional & Unconditional)/DOCK (LWOP)
13.1 Purpose
Provides a means of documenting and defining periods of time an employee is not working and is not in a paid leave status. These guidelines apply to full-time, part-time, staff, and faculty employees.
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13.2 Guidelines
Leave of absence without pay of fourteen calendar days or less is commonly referred to as a dock. A leave of absence without pay for longer than fourteen consecutive calendar days is either unconditional or conditional leave without pay and is normally granted for up to 12 calendar months.
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13.2.1 Dock
When an employee uses all applicable leave and continues to be off, the hours missed without leave to cover them is reported on the monthly leave report as a dock (leave code LWOP).
The next available payroll will be adjusted to reflect the lost time.
No annual leave and no sick leave are earned for any pay period with a recorded LWOP (i.e. employee is docked 1 hour May 9 and 8 hours May 10, No annual or sick leave is earned for April 25 - May 9 and no annual or sick leave is earned for May 10 - May 24)
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13.2.2 Unconditional Leave Without Pay
Unconditional leave without pay is approved absence from work without pay that guarantees reinstatement to the position held by the employee before the leave was taken.
For staff, leave without pay is approved by the department head.
Faculty who wish to go on leave without pay for any reason must write a memo of request and explanation to the department head. Approval of the department head, dean, and Office of the Provost is required. Leave without pay may be approved for up to one year at a time, to a maximum of two years. See Virginia Tech Faculty Handbook, 2.15.9.
The department must submit a form P4B to Human Resources to request this leave. For any partial pay period of LWOP, the monthly leave report should be completed indicating the days of LWOP, in agreement with the P4B submitted. If the employee wishes to use all applicable leave, such leave must be reported on the monthly leave report before beginning LWOP. If the employee wishes to retain their leave it should be so noted on the P4B. Leave reports do not need to be submitted for months in which LWOP extends beyond the leave reporting periods (i.e. employee is on LWOP from June 3 - August 28. A leave report must be submitted for May 10 - June 9 and August 10 - September 9. No report is necessary for June 10 - July 9 or July 10 - August 9).
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13.2.3 Conditional Leave Without Pay
Conditional leave without pay is approved absence from work without pay (other than for military leave) that guarantees reinstatement only if the employee's position is available when ready to return from leave. Conditional leave is typically used for personal or medical reasons, providing the employee the opportunity to continue their benefits. Employees requesting Conditional Leave for medical reasons must provide a doctors note. If the position is not available, the employee will be discharged and may be employed again only after going through the normal recruitment and selection process. Employees must be notified in writing by the department if placed on conditional leave without pay and a copy sent to Human Resources. Employees participating in the Virginia Sickness and Disability Program are limited to conditional leave without pay for educational and personal reasons; the short-term disability portion of this program covers extended leave for medical purposes. The department must submit a form P4B to Human Resources to effect this leave. For any partial pay period of LWOP, the monthly leave report should be completed indicating the days of LWOP, in agreement with the P4B submitted. If the employee wishes to use all applicable leave, such leave must be reported on the monthly leave report before beginning LWOP. If the employee wishes to retain their leave it should be so noted on the P4B. Leave reports do not need to be submitted for months in which LWOP extends beyond the leave reporting periods (i.e. employee is on LWOP from June 3 - August 28. A leave report must be submitted for May 10 - June 9 and August 10 - September 9. No report is necessary for June 10 - July 9 or July 10 - August 9).
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13.2.4 Effect of Leave Without Pay on Benefits and Incentive Increases
Employees do 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 leave accrual date is adjusted as follows (with exception of employees on LWOP/Layoff who will not have their leave accrual date changed):
| Calendar Days on Leave Without Pay | Pay Periods Adjusted | |
| 1 - 14 | 0 | |
| 15 - 31 | 1 | |
| 32 - 46 | 2 | |
| 47 - 61 | 3 | |
| 62 - 76 | 4 | |
| 77 - 91 | 5 | |
| etc. |
An employee on unconditional or conditional leave without pay may have an incentive increase amount affected depending upon the number of hours missed from work (See State Policy 1.40, Performance Planning and Evaluation).
Employees returning from LWOP within probationary period will have their probationary period ending date adjusted by total number of calendar days on LWOP.
| How Leave Affects Basic Employee Benefits |
| Type of Leave | Health Care Coverage | VRS Benefit | Life Insurance |
| Leave with Pay (annual, sick compensatory, overtime) | Coverage continues; state makes its contribution. Employee makes his/her contribution | State makes full contribution; employee earns service credit. | Coverage continues; state makes full contribution. |
| Family & Medical Leave | Coverage continues; state makes its contribution. Employee makes their contribution | State makes contribution for any pay period employee is on leave with pay. If on LWOP, state makes no contribution | Coverage continues; state makes full contribution |
| Educational Leave with Full or Partial Pay | If less than ½ pay, coverage continues and state makes its contribution for up to 24 months. Beyond 24 months, non-group coverage offered. | If less than ½ pay, no service credit earned. (If agency certifies approved leave, may purchase service credit upon return.) If ½ pay or more, coverage continues; state makes full contribution. | If less than ½ pay, coverage may continue for up to 24 months; state makes full contribution. If ½ or more, coverage continues; state makes full contribution |
| Personal Leave without Pay (conditional or unconditional) | Coverage may continue for up to 6 months; state makes no contribution. Employee pays entire cost. | State makes no contribution; no service credit; cannot purchase service credit upon return. | Coverage may continue for up to 24 months; state makes full contribution. |
| Leave without Pay for Educational Purposes | Coverage may continue for up to 12 months; state makes no contribution. Employee pays entire cost. | State makes no contribution; no service credit earned. (If agency certifies approved leave, may purchase service credit upon return.) | Coverage may continue for up to 24 months; state makes full contribution. |
| Leave without Pay - Layoff | Coverage may continue for up to 12 months while on leave; state makes its contribution. Employee makes his/her contribution | State makes no contribution; no service credit; cannot purchase service credit upon return. | Coverage may continue for up to 12 months while on LWOP; state makes full contribution. |
| Leave without Pay - Temporary Workforce Reduction | Coverage may continue for up to 4 months; state makes its contribution. | State makes no contribution; no service credit; cannot purchase service credit upon return. | Coverage may continue for up to 24 months; state makes full contribution. |
| Leave without Pay - Illness (conditional or unconditional) | Coverage may continue for up to 12 months; state makes its contribution; certification of disability needed; without certification treated as personal leave. | State makes no contribution; no service credit; may purchase service credit upon return. | Coverage may continue for up to 24 months; state makes full contribution. |
| Leave without Pay - Military | For active duty, extended coverage offered for 18 months. State makes its contribution; employee makes their contribution. | State makes no contribution; no service credit earned. Upon return to work, employee entitled to service credit for period(s) of active military leave without pay. | Coverage may continue for up to 24 months; state makes full contribution. |
Notes:
- Leave without pay does not constitute termination, so an employee cannot get a refund or retirement contribution.
- Employees who go on leave without pay may remain in the active health benefits group as outlined above; however, if their leave is extended beyond this period of time, they may convert to non-group extended coverage within 31 days of loss of eligibility for coverage in the active group. If employees terminate prior to the end of the leave period for which coverage may be continued, extended coverage should be offered to enrollees.
- Leave without pay in excess of 24 months - lose eligibility for retirement disability.
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13.2.5 Length of Leave Without Pay
Both types of leave are limited to a 12 consecutive month period. Any extension must be approved in advance and in writing by Human Resources and may not normally be extended beyond an additional 12 months.