Revised 10/23/03

9.8             LEAVE WITHOUT PAY

9.8.1          The following conditions are allowable for Leave Without Pay (LWOP):

9.8.2          Employees will be allowed to take leave without pay for up to two (2) LWOP occurrences within a five-year period. An occurrence is defined as going on LWOP for any amount of time. Leave Without Pay will not be granted in excess of ten (10) consecutive days per occurrence unless allowed under Section 9.8.1.

In the event that an employee exceeds these guidelines, their employment will be terminated.

9.8.3          Accrual of Leave Benefits

An employee will not accumulate any leave while on leave without pay.

9.8.4          Authority and Interpretation

The Executive Director, as chief Personnel Officer, is responsible for official interpretation of this policy. Questions regarding application of this policy should be directed to the Human Resources Director.


9.9 CIVIL LEAVE

In fulfillment of one's civic duty, employees are urged to serve on juries when summoned. The employee must report the summons to his/ her immediate supervisor as soon as it is received and evidence of civil duty pay must be submitted to document the number of hours that are charged to civil leave. The employee will be paid their regular pay provided they turn over their jury pay to D19 CSB; otherwise, annual leave must be taken.


Revised 9/24/98

9.10           SICK LEAVE BANK POLICY

9.10.1        Sick Leave Bank

District 19 Community Services Board shall maintain a sick leave bank for full-time employees who have prolonged, catastrophic or long-term illness or injury and who have exhausted their own sick leave as long as one-third of the eligible members participate in the sick leave bank. The sick leave bank will be administered by the Human Resources Office in cooperation with the Review Committee. The Review Committee shall accept applications thru the immediate supervisor and/or Human Resources Director and be responsible for approving applications. In analyzing applications, the Review Committee may take into consideration the employee's attendance history to ensure that sick leave has not been abused prior to this current need. The "Review Committee" will be established consisting of Executive Director, Supervisor/Manager, Human Resources Director and Disability/ Division Director. Final action must be completed within ten days after receipt of certification from doctor by the Review Committee.

9.10.2        Eligibility

  1. Membership in the sick leave bank shall be voluntary and open to all eligible employees.
  2. Each full-time salaried employee who accumulates sick leave and has been an employed for at least six months is eligible for membership and may become a member by donating 14 hours of sick leave upon joining and up to 14 hours per year thereafter whenever an assessment is required.

9.10.3        Enrollment

  1. An employee may enroll within the first 30 calendar days after completion of 6 months of employment by completing the "Sick Leave Bank Card" (ADMINPERS #21). An employee who does not enroll when first eligible may do so at any subsequent open enrollment period. An employee must be enrolled in the plan for three months prior to becoming eligible to utilize the benefits of the sick leave bank.
  2. Membership in the bank shall be continuous unless the employee informs the sick leave bank administrator in writing prior to July 15 of his/her intent to withdraw from participation in the bank.

9.10.4        Application

  1. A member must make application for use of the sick leave bank entitlement within 10 working days before using all accrued sick leave Their application will be kept confidential. In the event the employee is incapacitated, a family member, significant other, or agency member may make the request in their behalf.
  2. The first 30consecutive days of illness or injury will not be covered by the sick leave bank but must be covered by the employee's own accumulated sick or annual or compensatory leave or leave without pay. The Review Committee may grant up to 30days per application per calendar year for any employee for the firstthree years of sick leave bank membership. A person's maximum usage may not exceed 90 days within a five-year period.
  3. A member of the bank will not be able to utilize sick leave bank benefitsuntil his/ her own sick leave is depleted. Applications must be submitted within 10 working days before all accrued sick leave has been exhausted. Members utilizing days from the bank will not have to replace these days, except as a regular contributing member.
  4. Days drawn from the bank for any one period of eligibility must be consecutive.
  5. A doctor's certificate is required before a sick leave bank member can use his/ her leave bank entitlement. This statement is to be submitted in writing to the Human Resources Office in advance of the absence for which the days are to be granted. A new doctor's note must be received by Human Resources before additional days can be approved by the Review Committee. Intermittent Leave may be approved pursuant to doctor certification by the Review Committee. The doctor's certificate may be challenged by a second opinion at the cost of D19 CSB. Requests cannot be made retroactively.
  6. Decision of the Review Committee with regard to application is final.

9.10.5        Assessment

  1. Participants in the sick leave bank will be assessed up to 14 hours of additional sick leave at such times as the bank is depleted to 60 days. Notification, in advance, of such assessment shall be sent to each member at the time it is determined to be necessary. Any participant may withdraw from the sick leave bank by notifying the Human Resources Department in writing.
  2. A member who has no sick leave to contribute at the time of assessment shall be assessed no more than 14 hours from the first sick leave hours subsequently accumulated.

9.10.6        Termination

  1. Upon termination of employment or withdrawal of membership, a participant will not be permitted to withdraw or be paid for his/ her contributed day(s).
  2. Any sick leave bank days not used at the end of one fiscal year carry over to the next fiscal year. An annual audit shall be made by the committee and they may assess members up to the maximum of 14 hours per fiscal year. Members should be notified in writing of the results of the audit.
  3. In the event it is necessary to discontinue the sick leave bank program, days remaining in the bank will be equally distributed back to those employees enrolled at the time of bank termination.

9.10.7        Exclusions

The following exclusions would disallow an employee's request for sick leave bank days:

  1. An employee receiving compensation from workers' compensation days or any insurance that reimburses the employee for their absence from work.
  2. When illness or injury occurs while the employee is on disciplinary suspension.
  3. The sick leave bank cannot be used for family care.
  4. In general, sick leave bank days will not be granted for pregnancies since this condition is not usually considered in the category of catastrophic illness. However, the sick leave committee will accept applications for consideration in situations where complications occur.
  5. When an employee receives their illness or injury during, or as a result of, committing a felony.
  6. Sick leave bank days will not replace paid sick days used previously. In addition, days from the sick leave bank will not be granted to provide days for undesignated use at some point in the future.

If an employee is found to have cheated the sick bank through fraud or not reporting the above exclusions, they will be responsible to pay back the bank either through direct financial payment or pay back days with accumulated sick and/or annual leave.

Revised 10/23/03

9.11           EDUCATIONAL AND RELIGIOUS LEAVE

9.11.1        Educational and Training Leave

District 19 CSB will provide paid leave for approved courses, conferences and workshops in accordance with established policy (See Section 13.1.)

Requests for paid leave to improve job-related knowledge or skills are considered on an individual basis; benefit to the organization is a determining factor. Educational leave requires completion of the applicable form, to include course description from catalog or conference description, management review, consisting of signatory authorizations by the immediate supervisor, disability/ division director, Human Resources Director, Finance Director and the approval of the Executive Director. A maximum of 35 hours per staff personper calendar year may be granted, subject to program requirements. Documentation will be required which verifies that the course is not offered after normal work hours or on weekends.

Required attendance at regional, state association conferences and in-house trainings are not included in arriving at the maximum number of hours allowed per calendar year.

Supervisors are responsible for ensuring timesheets reflect proper Leave Code to account for their staff person's annual usage of the 35 hours allowed for Educational Leave. Approval of leave is contingent upon availability of resources within the budget and shall not be deemed to be an entitlement to the employee.

9.11.2        Religious Leave

District 19 Community Services Board, in accordance with Title VII of the 1964 Civil Rights Act and the guidelines set forth by the EEO Commission, makes reasonable accommodation to the religious needs of its employees.

9.12           ADMINISTRATIVE LEAVE

9.12.1        Employees to Whom Policy Applies

This policy applies to positions covered under the Virginia Personnel Act to include full-time and part-time regular, restricted, and "643" employees. (See Policy 5.2, Employment Status)

9.12.2        Use of Administrative Leave

It is D19 CSB's objective to provide regular (full-time) salaried employees with paid leave to appear in court or related proceedings, to serve on state councils and other bodies, to resolve work-related conflicts, to participate in the resolution of complaints of employment discrimination and to attend administrative hearings.

  1. Administrative leave provides paid leave to:
    1. serve on a jury, or to appear as a witness in a court proceeding or deposition, as compelled by a subpoena or summons;
    2. participate in resolution of work-related conflicts;
    3. participate in resolution of complaints of employment discrimination;
    4. attend work-related administrative hearings; and
    5. serve on councils, commissions, boards or committees of the Commonwealth (see Section 9.12.6, Service on State Councils, Commissions, Boards and Committees).
  2. Administrative leave is not available for employees to appear in criminal proceedings, including depositions, in which the employee is a criminal defendant.
  3. Employees should request administrative leave from their supervisors as far in advance of the leave as practicable and in compliance with D19 CSB's policies. Administrative leave must be recorded as such on the employee's time sheet.

9.12.3        Court Appearances

  1. Compensable time spent in court appearances:
    1. Employees may charge to administrative leave only the time away from work that is necessary to appear at a court proceeding, to give a deposition, or to serve as a juror. Employees' appearance at any of these events must be compelled by subpoena or summons.
    2. Reasonable travel time is included in the actual time away from work that may be charged to administrative leave.
    3. Employees who regularly work the evening or night shift should be rescheduled, whenever possible, to work the day shift during the periods when they are required to appear in court proceedings.
  2. Verification of court appearances
    1. District 19 Community Services Board may require employees to provide documentation of the actual time required for court duties.
    2. Employees are responsible for obtaining verification of their appearances at court proceedings from the appropriate court personnel, in accordance with D19 CSB's practices.
  3. Compensation for court appearances
    1. Compensation paid by a court to an individual under subpoena or summons may consist of:
      1. compensation for appearance as a juror or witness; and
      2. reimbursement of daily expenses, such as out-of-pocket expenses for meals, mileage, parking, and other related expenses.
    2. Reimbursement for services
      1. Except as provided in Section 9.12.3, paragraph "C.3." below, to charge absences from work to administrative leave, employees must submit to D19 CSB any reimbursements for services received from the courts within a reasonable period of time following the court appearance.
      2. Failure to submit reimbursement for services to D19 CSB will result in the absence being charged to accrued leave or leave without pay if the employee does not have adequate accrued leave.
    3. Retention of reimbursement for services
      1. Employees who wish to retain reimbursement for services must charge their absence to annual, compensatory or overtime leave, or, if no leave balances are available, to leave without pay.
      2. Employees assigned to the evening or night shift, who cannot be rescheduled to the day shift, may retain reimbursement for services in addition to pay for their scheduled shift if the entire shift is worked. If court is held during a portion of the employee's shift, the employee must charge the time absent from work to annual, compensatory or overtime leave, or to leave without pay, in order to retain the reimbursement for services.
    4. Retention of reimbursement for expenses
      1. Employees may keep reimbursement for expenses.
      2. Employees who serve as Virginia circuit court jurors may retain fees given by the court as those fees are considered as reimbursement of expenses.
  4. Time not charged to administrative leave

Time spent in court by the following categories of employees is considered work time and does not have to be charged to administrative leave:

  1. law enforcement officers;
  2. employees attending court as part of their job duties;
  3. employees who are under subpoena to appear as expert witnesses by virtue of their positions with D19 CSB; and
  4. employees who are called by the courts as expert witnesses.

9.12.4        Resolution of Work-Related Conflicts

Grievances under the Grievance Procedure for D19 CSB Employees

Employees who are grievants, witnesses, or panel members in a grievance initiated under the D19 CSB's Grievance Procedure will be granted reasonable amounts of administrative leave, including allowances for travel time, to participate in grievance proceedings.

  1. Administrative leave will be granted for grievants and witnesses to attend management step meetings, to attend panel hearings, and to attend court hearings related to the grievance.
  2. Administrative leave will be granted for panel members to attend panel hearings.
  3. Employees who are regularly scheduled to work the evening or night shift should be rescheduled, whenever possible, to work the day shift when requested to appear as a witness at a management step meeting, panel hearing, or court hearing.

9.12.5        Unemployment Compensation and Workers' Compensation Hearings

  1. Administrative leave will be granted for the attendance of claimants and witnesses who are complying with an official notice of an unemployment compensation or workers' compensation hearing.
  2. Employees whose job responsibilities include attendance at unemployment and workers' compensation hearings will have time spent at such hearings included in their hours worked.

9.12.6        Service on State Councils, Commissions, Boards and Committees

  1. Responsibilities to State councils, etc.

Administrative leave will be granted for employees to fulfill their responsibilities as members of councils, commissions, boards and committees established by the General Assembly (as listed in Title 2.2 of the Code of Virginia), or other bodies established by the Governor.

  1. Non-exempt employees

Those employees subject to the provisions of the Fair Labor Standards Act (i.e., non-exempt employees) who are required to attend such meetings will have the time considered as hours worked.

  1. Fees for service on councils, commissions, boards, etc.
    1. Employees may not accept fees for serving on state councils, commissions, boards, etc., unless provided otherwise by law.
    2. Employees may retain reimbursements for expenses incurred in serving on state councils, commissions, boards, etc., provided they are not reimbursed for the same expenses by D19 CSB.

9.12.7        Authority and Interpretation

The Executive Director is responsible for official interpretation of this policy. Questions regarding the application of this policy should be directed to the Human Resources Director.

9.13           LEAVE TO ASSIST SCHOOLS

9.13.1        Purpose of Leave to Assist Schools

It is D19 CSB's objective to provide regular (full-time) salaried employees with paid leave from work to participate in school activities in order to promote employee's involvement in the education of Virginia's youth, and to promote employees' assistance to schools.

  1. Employees with children may be granted paid leave under this policy to:
    1. meet with a teacher or administrator of any public or private preschool, elementary school, middle school, or high school concerning their children, step-children, or any children for whom the employee has custody, or
    2. attend any school function in which such children are participating.
  2. Employees with or without children may be granted paid leave under this policy to perform any volunteer work to assist any public preschool, elementary school, middle school, or high school, where such work has been approved by any teacher or school administrator.
  3. Preschool program is defined as any early-childhood program that serves children for more than nine hours per week, at any time from their birth until their eligibility to enter elementary school. While a preschool program may be home-based, like all other such programs, it must be registered, licensed or certified (i.e., regulated) by the Virginia Department of Social Services.

9.13.2        Amount of Leave

  1. Full-time salaried employees will be provided up to eight hours of paid leave per calendar year.
  2. Leave to assist schools will be credited to current employees on January 1 of each year, and all new employees will be credited with this leave immediately upon their employment.
  3. Paid leave to assist schools is in addition to other paid leave, such as annual leave, provided to employees.

9.13.3        Duration of Leave to Assist Schools

  1. Calendar year and carry over

Leave not taken under this policy in a calendar year will be forfeited; thus, it will not be carried over into the next calendar year.

  1. No payment upon leaving D19 CSB employment.

There will be no payment for unused leave to assist schools upon employees' leaving D19 CSB service.

9.13.4        Approval of Leave

  1. Approval from supervisor

Employees must receive approval from their supervisors regarding the scheduling of leave to assist schools. Supervisors may require written verification from a teacher or school administrator to document use of this leave.

  1. Scheduling of leave

District 19 Community Services Board will attempt to approve leave at the time requested by employees, but have discretion to approve leave for a different time if required by D19 CSB's needs. Leave taken to assist schools must be recorded as such on the employee time sheet.

9.13.5        Authority and Interpretation

The Executive Director is responsible for official interpretation of this policy. Questions regarding the application of this policy should be directed to the Human Resources Director.

Effective 9/22/05

9.14               EMERGENCY/DISASTER LEAVE

9.14.1             Purpose.

District 19 may grant up to ten work days of paid leave annually to qualifying employees who volunteer to provide specific kinds of emergency services during defined times of state and/or national disaster. This policy also permits D19 CSB to grant up to five days of paid leave annually to employees who are victims of disasters that meet the criteria specified in this policy. Services must be provided through the American Red Cross.

9.14.2             Definitions.

  1. Emergency Services – The preparation for and carrying out of functions to prevent, minimize and repair injury and damage resulting from natural or man-made disasters. These include fire-fighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection. See Code of Virginia, § 44-146.16. Employees activated under military orders, whether by state or federal authorities, are not covered by this policy. See Section 9.5, "Military Leave."
  2. Major Disaster – An official status declared by the President of the United States when he deems that federal assistance is needed under the Strafford Act (P.L. 93-288 as amended) to supplement state, local, and other resources to deal with the effects of a variety of natural or man-made catastrophic events.
  3. Man-made Disaster – An event caused by the action of one or more persons that imperils life and property and produces danger or the imminent threat of danger through exposure to biological, chemical, or radiological hazards, as defined in the Code of Virginia, § 44-146.16. Examples include large spills resulting from transportation or industrial accidents, and effects of terrorist acts. Some man-made disasters may also be called technological disasters.
  4. Natural Disaster – An event of nature that causes extensive and/or severe threat to or destruction of life and/or property, as defined in the Code of Virginia, § 44-146.16. Typically, such situations are the result of wind, earthquake, blizzard, ice storm, widespread fire, or flood.
  5. Primary Personal Residence – The home or apartment in which the employee resides most of the time. This does not include vacation or second homes, nor property owned but not occupied by the employee. Normally, this location will bear the employee's official address as recorded by the city or county where the dwelling is located.
  6.  Specialized Skills or Training – Specific, definable skills or training that enables an individual to provide certain identified services needed during periods of state or national emergency or disaster. These skills and training may or may not be related to the qualifications used in the employee's state job.
  7.  State of Emergency – The status declared by the Governor of Virginia (see Code of Virginia, § 44-146.17) or of another state for conditions of sufficient severity and magnitude that assistance is needed to supplement the efforts of localities and other relief organizations.

 9.14.3            Pay During Emergency/Disaster Leave.

  1. An employee shall continue to receive his or her normal salary for up to ten days while using approved Emergency/Disaster leave under this policy if serving as a volunteer. Employees who are victims of disasters as outlined in this policy can receive up to five paid leave days.
  2. District 19 CSB will not pay for expenses related to providing emergency service, such as travel, food, or lodging.

9.14.4             Qualifying Events.

Employees may be granted leave to provide emergency services if all of the following criteria are met:

  1. The area is covered by an official declaration of major disaster by the President of the United States, or a declaration of a State of Emergency by the Governor of Virginia or the governor of another state.
  2. Public officials at the site of the disaster have requested the assistance of individuals with specialized skills or training.
  3. The employees possess the required specialized skills or training requested by the authorities.
  4. Employees present written requests to provide emergency services and obtain approval prior to using leave under this policy.
  5. Employees have received American Red Cross Certification.

9.14.5             Leave for Victims of Disaster.

Leave may be available under this policy to an employee who has sustained severe or catastrophic damage to or loss of his or her primary personal residence, or has been ordered to evacuate that residence, as a result of a natural or man-made emergency or disaster.

The Executive Director has sole discretion for authorizing up to five work days of leave annually under this policy for employees who meet all criteria listed below:

  1. The event resulted in a formal declaration of a State of Emergency or of federal disaster status.
  2. The employee's home was located in the officially declared disaster area.
  3. Formal documentation from recognized disaster relief organizations or insurance companies verifies severe, extreme, or catastrophic damage to or loss of personal property as a result of the declared emergency in which the damage or required evacuation rendered the employee's home temporarily or permanently uninhabitable.

District 19 CSB will not pay for expenses incurred by the employee in recovering from the personal effects of a disaster.

9.14.6             Agency Responsibilities.

District 19 CSB will establish an internal process for employees to submit requests and for the agency to evaluate employee eligibility for leave under this policy.

Emergency/Disaster Leave to provide emergency service shall be granted at the discretion of the Executive Director or his/her designee. In evaluating such requests, the Executive Director or his/her designee will consider the need for the employee to provide the specified assistance and the expected impact of the employee's absence on the agency's ability to fulfill its mission.

District 19 CSB is responsible for ensuring that the agency has the required documentation before awarding paid leave. For leave to provide emergency services, this includes:

For leave for victims of disaster, this includes:

confirmation of the declaration of a State of Emergency or federal disaster status;

documentation that the employee's primary residence is in the official disaster area; and

verification as cited above of catastrophic damage to or loss of the residence, or requirement to evacuate the residence.

When an employee who is the victim of catastrophic damage to or loss of his or her primary residence, or who has been ordered to evacuate that residence, requests leave under this policy, the agency must obtain verification that the criteria described above (Leave for Victims of Disaster) have been met.

9.14.7             Employee Responsibility.

  1. Employees are responsible for requesting leave as required by this procedure, and for providing the required documentation or verification as listed above.
  2. Employees are responsible for all travel, food, or lodging expenses related to volunteer services.

Section 9.0 through 9.3
Section 9.4 through 9.7.10