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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Regulation 4-50.1

PERSONNEL

Annual Leave

The earning and use of Annual leave will be governed by this Regulation.

  1. Earning Annual Leave

    All benefit eligible twelve-month employees will receive annual leave on a semi-monthly basis at the following rates:

    1. The hourly equivalent of one (1) workday per month for zero through five completed years of service;
    2. The hourly equivalent of one and one-quarter (1 1/4) workdays per month beginning the sixth year through ten completed years of service;
    3. The hourly equivalent of one and one-half (1 1/2) workdays per month beginning the eleventh year through fifteen completed years of service;
    4. The hourly equivalent of one and three quarter (1 3/4) workdays per month beginning the sixteenth year of service through twenty completed years of service;
    5. The hourly equivalent of two (2) workdays per month beginning the twenty-first year of service;

    Previous service experience as a Virginia Beach City Public Schools employee will be used to establish eligibility for a specific rate. Service experience with the City of Virginia Beach may also be used to gain eligibility, and it is the employee’s responsibility to provide the appropriate service verification.

    Employees who are newly hired, rehired, or transferred into a twelve-month position from a position that does not earn annual leave will be front-loaded the equivalent amount of annual leave that they would be entitled to earn in six months in their position against future accruals. After the initial six months of employment in such position, leave will be accrued on a semi-monthly basis.

  2. Accumulation of Annual Leave

    A VRS Plan 1 or Plan 2 employee hired from the City of Virginia Beach may transfer up to fifty (50) workdays of his/her annual leave balances. Transfer of City of Virginia Beach Paid Time Off (PTO) leave for Hybrid employees is limited to the hourly equivalent of twelve (12) workdays towards VBCPS annual leave. It is the responsibility of the individual to initiate the transfer of leave into the School Division.

    Employees may accrue and carryover from year to year a maximum of the hourly equivalent of fifty (50) workdays of annual leave. The School Division will determine each employee’s annual leave accrual for the service year ending on June 30 of each year. Any annual leave accrued in excess of the hourly equivalent of fifty (50) workdays must be used by July 31 or the excess annual leave days will be converted to sick leave and will be added to the employee’s total accumulated sick leave.

    Hybrid employees who have achieved the maximum sick leave balance of ninety (90) workdays may not have excess annual leave converted to sick leave.

  3. Use of Annual Leave

    The minimum amount of leave taken must equal one (1) hour. Thereafter, leave may be used in one-half hour increments.

    Virginia Beach City Public Schools shall at all times retain the right to designate an employee’s leave as Family Medical Leave in accordance with the Family and Medical Leave Act (FMLA). Family members covered under the FMLA are defined in Regulation 4.55.1 Family and Medical Leave.

  4. Additional Leave

    To encourage prudent use of sick leave, twelve-month employees will be granted the hourly equivalent of one (1) additional workday of annual leave for meeting the following criteria:

    1. Employees with one (1) or two (2) years of Virginia Beach City Public Schools service who have not used the hourly equivalent of one workday of sick leave in the School Division during the preceding school year.
    2. Employees with three (3) or more years of Virginia Beach City Public Schools service who have not used the hourly equivalent of eleven (11) workdays of sick leave during the preceding three (3) school years.
  5. Application for Annual Leave

    Employees are responsible for knowing and tracking their annual leave balance, as well as their accrual rate. Employees should request use of their available leave by submitting the appropriate leave request form to their principal, director, department head, or designee. Employees should request leave as far in advance as possible. Leave without pay will result if requested leave hours exceed the employee’s available leave balance at the time leave is taken; approved leave requests do not guarantee paid leave. The purpose for the use of annual leave need not be stated.

    Decisions to approve or deny annual leave may only be made by the principal, director, department head, or designee and must be applied consistently within a school, department, or work unit. When practical, and for as long as operations are not adversely affected, the supervisor should attempt to approve an employee's request for annual leave. Leave requests should be approved or denied within a reasonable timeframe.

    The use of annual leave may be denied for the following reasons:

    1. Business requirements, i.e. to ensure smooth and uninterrupted services. Conversely, the approval may be rescinded if operational needs change;
    2. Lack of available annual leave; and/or
    3. Other good and just cause, including but not limited to, a high absenteeism rate.

    If an employee's request for leave is not approved, but the employee still takes the requested time off from work, the employee may be subject to leave without pay as well as disciplinary action, up to and including dismissal.

  6. Adjustments

    Changes that occur within a fiscal year to an employee’s employment status, work calendar, daily hours, or contracted months may result in adjustments to accruals and front-loaded leave. Adjustments may result in the employee having to make a monetary refund to the School Division.

    An employee on a leave of absence will not accrue annual leave after twelve (12) consecutive workweeks of leave, paid or unpaid, regardless of the type of leave to which the absence is charged, including short-term disability (STD) under the Virginia Local Disability Program (VLDP); or while in a non-working Long Term Disability (LTD) status under VLDP; or on Leave for Long-term Illness or Injury of an Employee or Family Member in accordance with Regulation 4-53.4.

    The Department of Human Resources reserves the right to adjust accruals and front-loaded annual leave to prevent an overpayment.

  7. Termination

    In the event an employee was front-loaded annual leave and terminates employment before such annual leave hours would have been accrued, the employee will make proper monetary refund to the School Division. When twelve-month employees terminate employment with the School Division, the maximum leave payout will be the hourly equivalent, at per diem, of fifty (50) workdays, as defined by the employee’s workday.

    It shall be the responsibility of employees prior to transitioning between Virginia Beach City Public Schools and the City of Virginia Beach to initiate their annual leave payout or the transfer of their annual leave by providing a written request to their respective Human Resources department.

Editor’s Note:

See Policy 4-1 Definitions
See Regulation 4-53.4 Leave for Long-term Illness or Injury of an Employee or Family Member
See Regulation 4-55.1 Family and Medical Leave
See Regulation 4-45.4 Disability Programs for Employees in the Virginia Retirement System (VRS) Hybrid Plan

The Family Medical Leave Act, 29 U.S.C. § 2602 et seq., as amended.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: January 28, 2000
Revised by Superintendent: October 19, 2000
Revised by Superintendent: December 13, 2002
Revised by Superintendent: January 14, 2005
Revised by Superintendent: August 30, 2005
Revised by Superintendent: March 8, 2006
Revised by Superintendent: August 9, 2006
Revised by Superintendent: November 29, 2017 to be effective January 1, 2018