Home > Benefits > Types of Leave

Compensatory Leave
Non-exempt employees earn compensatory leave for hours worked on a holiday, or hours worked on an authorized closing if in designated classifications. Granted hour-for-hour, compensatory leave must be authorized by a supervisor. Compensatory leave may be used for any purpose and must be used within 12 months of the date earned. Exempt employees do not earn compensatory time except when required to work on a university holiday. The Compensatory Leave Form needs to be submitted to Human Resources.

Annual Leave (Vacation)
Classified employees receive paid annual leave which can be taken for any purpose. Your supervisor may deny your request for use of annual leave at a specific time based on business necessity. The rate at which annual leave is earned depends on length of service. You must work an entire pay period or be on approved paid leave in order to earn annual leave at the end of each pay period. Annual leave is accrued at the end of each pay period - the 9th at midnight and the 24th at midnight. You may accumulate annual leave, but only a limited amount may be carried over from year to year. Upon leaving state service you are paid for unused leave up to the maximum accrual.

Years of Service Hours Accrued per Pay Period Hours Accrued per Year Max. Carry-over Limits Max. Payment Limits
0-5 years 4 hours 96 hours (12 days) 192 hours (24 days) 192 hours (24 days)
5-10 years 5 hours 120 hours (15 days) 240 hours (30 days) 240 hours (30 days)
10-15 years 6 hours 144 hours (18 days) 288 hours (36 days) 288 hours (36 days)
15-20 years 7 hours 168 hours (21 days) 336 hours (42 days) 288 hours (36 days)
20-25 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)

Sick Leave (for employees hired prior to January 1, 1999 NOT in VSDP)
Sick leave protects employees against loss of pay when they must miss work because of illness or injury. Sick leave is earned at the rate of five hours for each semi-monthly pay period with no maximum accrual limit.

Sick leave may also be used for illness of an immediate family member. Immediate family includes mother, father, children, spouse, sister, brother, step-parents, step-children, or any other blood relative living within the household. Family sick leave is limited to a maximum of 48 hours per leave year. Up to three days of sick leave may be used for the death of an immediate family member, as defined above. Supervisors may request medical documentation for any absences related to illness. All absences over 24 hours require medical documentation.

If you have five years of service, you are eligible to be paid for 25% of your accumulated, un-used sick leave up to a maximum of $5,000 upon separation from state service. A leave card XLS needs to be submitted to Human Resources for sick leave.

Virginia Sickness and Disability Program (VSDP)
All full-time classified employees hired on or after January 1, 1999, must enroll in the VSDP. Under this program, employees are provided sick leave and family and 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.

Sick Leave (S) may be taken for personal illnesses, injuries, preventive care and wellness physician visits. 33% of an employee's sick can be used for qualifying family FMLA absences.

Family/Personal Leave (F/P) may be taken at the discretion of the employee for any purpose (family, illness, attend a funeral, or other personal needs, etc.) provided the employee gives reasonable notice and his/her supervisor approves the absence.

Sick Leave and Family/Personal Leave cannot be carried over to the next leave year (January 10th - January 9th) or paid out upon separation.

Accrual rates are based on total months of State service (or previous State service). New hires and rehires accrual rates are based on the date of employment. In subsequent years, the accrual rates for rehires are based on total months of State service (see accrual rates chart below.)

The following charts reflect the rates for sick leave and family and personal leave according to months of state service:

Sick Leave: Current Full-Time

Months of State Service Sick Leave Hours/Working Days
Less than 60 64 (8 days)
60-119 72 (9 days)
120 or more 80 (10 days)

Sick Leave: New Full-Time

Employment Begin Date Sick Leave Hours/Working Days
January 10 - July 9 64 (8 days)
July 10 - January 9 40 (5 days)

Family and Personal Leave: Current Full-Time

Months of State Service Sick Leave Hours/Working Days
Less than 60 32 (4 days)
60-119 32 (4 days)
120 or more 40 (5 days)

Family and Personal Leave: New Full-Time

Employment Begin Date Sick Leave Hours/Working Days
January 10 - July 9 32 (4 days)
July 10 - January 9 16 (2 days)

Family and Medical Leave
The Family and Medical Leave Act (FMLA) requires the University to give eligible employees job-protected leave for the birth, adoption, or foster care of a child, or the serious health condition of you or an immediate family member (child, spouse, or parent). To be eligible, you must have been employed for at least 12 months and have provided at least 1,250 hours of service during the 12-month period prior to the leave request. Eligible staff is entitled to 12 weeks of unpaid leave during any 12-month period for the circumstances stated above.

The 12-week period is calculated starting from the date you begin FMLA leave. Eligible employees have the option of using paid leave, as appropriate under each particular leave policy, for absences covered under FMLA. The agency may designate such leave as family and medical leave. If you take leave under FMLA, you have a guaranteed right to return to your prior job, or in unusual cases, a job with equivalent status and pay. Health benefits must continue during the leave at the same level and conditions as if you had continued to work.

You must give 30 days advance notice to your supervisor of the need to take FMLA leave when it is foreseeable for the birth or placement of a child for adoption or foster care, or for planned medical treatment. When it is not possible under the circumstances to provide advance notice, you must notify your supervisor as soon as practical.

Intermittent leave that is medically necessary may be taken without your supervisor's approval for each absence. You are encouraged to provide proper notice to your supervisor even though the supervisor's permission to use leave is not required. Your supervisor must approve requests for intermittent leave if you are taking leave for the birth, adoption, or foster care placement of a child.

Certification from your or your family's health care provider must be provided to Human Resources to support family medical leave.

For complete information on the Family and Medical Leave Act policy, please contact Human Resources or refer to Policy 1308.

Administrative Leave
Administrative leave may be granted to serve on a jury, appear in court as a witness under subpoena, or to attempt resolution of work-related problems. Administrative leave may also be taken when testing and/or interviewing for positions in other state agencies. Reasonable travel time may be included. If use of this leave for interviewing becomes excessive, it may be restricted. Advance approval is required for administrative leave and written verification may be required.

Community Service Leave
Community Service Leave (School Assistance and Volunteer Service Leave) Employees with children, a step-child or a child whom they have legal custody may use up to 16 hours of paid leave to meet with a teacher or administrator of a public or private preschool, elementary school, middle school or high school or attend a school function in which such children are participating. Any employee may be granted up to 16 hours of paid leave to perform volunteer work approved by a teacher or school administrator to assist a public preschool, elementary school, middle school, or high school. Any employee may be granted up to 16 hours of paid leave to provide volunteer service through a non-profit organization that is community based or that have extensions of their organizations within a community that provides services thorough voluntary efforts of any citizen. Supervisors must approve the use of leave in advance and may require documentation.

Military Leave
If you are a member of a military unit, the National Guard, Naval Militia, or Armed Forces Reserves, you are entitled to 15 work days of leave per federal fiscal year (October 1 to September 30) for federally funded military duty. Regardless of whether the duty is fragmented, you are still entitled to 15 work days of leave per federal fiscal year. You must include a copy of your military orders or other official documentation with your request for military leave. If you are ordered to duty because of an emergency, you must supply supporting documentation upon your return to work to verify the use of military leave.

Educational Leave
Educational leave may be provided at the discretion of the agency, for the purpose of allowing employees time to further their education through a course of study related to their work on that of their agency. Educational leave is limited to 12 months and may be granted with full, partial, or no pay at the discretion of the agency.

Leave Without Pay
Employees may be granted a leave without pay with supervisor's approval. Requests for leave without pay must be presented in writing to your supervisor and leave without pay may not be granted for more than 12 calendar months, except for extended illness or injury, or for active duty military. Leave without pay may be granted for: (1) Educational leave (more than the allowable leave with pay), (2) Military leave, (3) Medical and (4) Personal reasons.

Leave without pay may be unconditional or conditional based on the needs of the department as determined by your supervisor. Unconditional leave without pay guarantees your reinstatement to your former position. When reinstatement to your former position does not appear practical because of the University's need to fill the job, you may be placed on conditional leave without pay. Conditional leave allows you to retain prior sick and annual leave credits, but, if your position has been filled, does NOT obligate the University to reinstate you. If you are unable to attain a position at James Madison University or another agency, you will be separated from State service when the leave without pay expires. No leave accrual will occur while an employee is on leave without pay status.

Personal Leave Day
A personal leave day is granted to all classified employees January 1 of every year or the first day of employment and is considered to be one of the 12 paid holidays granted by the State. The personal leave day must be used by December 31 or will be lost. The personal leave day must be used in the full eight-hour increment.