Virginia FMLA

All Employers

Crime Victim Leave

• An employee who is the victim of a crime is entitled to unpaid leave for the purpose of attending criminal proceedings
• To qualify for this unpaid leave, the employee must give to the employer a copy of the form provided by police to crime victims and the notice of the proceeding.

Military Leave

If an employee is a member of the Virginia National Guard, Virginia State Defense Force, or naval militia, that employee will receive benefits of employment during leave taken for active state duty.

Public-Sector Employers

Family/Personal Leave

• Public employees in Virginia are allowed a yearly amount of family and personal leave.
• This leave is in addition to sick and annual leave.
• This leave may be used for absences due to:
  • A short-term incident.
  • Illness.
  • Death of a family member.
  • Any other personal need.
• Employees may use the leave for " any permitted purpose at the sole discretion of the participating employee."
• The employee taking this leave must give " reasonable prior notice to his immediate supervisor. "
• The employee may take the leave, provided that the supervisor does not state that the employee's taking leave will adversely affect the agency's performance of critical work.
• Family/personal leave is given to eligible employees each January 10th.
• The number of hours provided are as follows:
  • Employees with less than 120 months of state service may have 32 hours of family/personal leave.
  • Employees with 120 or more months of state service may have 40 hours of family/personal leave.
• At the beginning of either employment or reemployment, participating employees shall be credited as follows:
  • Employees who began employment from January 10-July 9 are eligible for 32 hours of personal leave.
  • Employees who began employment from July 10-January 9 are eligible for 16 hours of family/personal leave.
• This leave cannot be carried forward from year to year.
• The employee will not be paid for unused leave upon termination of employment.

Sick Leave

Participating employees are eligible to take sick leave for absences due to:

• An incident.
• Illness.
• Injury.

The sick leave described above is for periods when disability benefits are not payable

Participating full-time employees receive sick leave on January 10 as follows:

• Employees with less than 60 months of state service may have 64 hours of sick leave.
• Employees with 60 to 119 months of state service may have 72 hours of sick leave.
• Employees with 120 or more hours may have 80 hours of sick leave.

Full-time employees beginning employment or reemployment will be credited as follows when they start:

• Employees who began work January 10 to July 9 may have 64 hours of sick leave.
• Employees who began work July 10 to January 9 may have 40 hours of sick leave.

Part-time employees are credited a yearly amount of sick leave on January 10 as follows:

• Part-time employees with less than 120 months of state service may have 32 hours of sick leave.
• Part-time employees with 120 or more months of state service may have 40 hours of sick leave.

At the beginning of either employment or reemployment, part-time employees shall be credited as follows:

• Part-time employees who began employment January 10 to July 9 may have 32 hours of sick leave.
• Part-time employees who began employment July 10 to January 9 may have 20 hours of sick leave.

This leave cannot be carried forward from year to year.
Employees will not be paid for unused leave upon termination of employment.

Paid Leave Substitution

In addition to the accrued family/personal leave, state employees may substitute up to:

• One-third of accrued paid sick leave.
• Up to 100 percent of any other paid leave.
• Any combination of the two for Family and Medical Leave Act leave