Leave Without Pay

LWOP allows employees to take unpaid time off from work under certain circumstances, such as

  • educational purposes that require a longer period of absence than that permitted by the educational leave with pay policy
  • military purposes that require a longer period of absence than that permitted by the military leave with pay policy (only for unconditional leave without pay)
  • medical purposes, including illness of employees on traditional sick leave or illness of a family member covered by the Family Medical Leave Act

Eligibility

  • Part- and full-time (20–40 hours per week) salaried University Staff

Use

There are two types of LWOP:

Conditional Leave Without Pay

Approved absence from work without pay that only guarantees reinstatement if your position is available when you wish to return from leave. If the position is not available, you are separated and may be employed again only after going through the normal recruitment and selection process.

Unconditional Leave Without Pay

Approved absence from work without pay that guarantees reinstatement to the position you held before you took leave.


Timing

LWOP is effective starting the first workday missed; it is not reported until you are on leave without pay for more than 14 consecutive calendar days.

If you are on leave without pay for 14 consecutive calendar days or fewer, you are in Docking Status.

Both types of leave are limited to a period of 12 consecutive months. It may be extended in the following situations:

  • Extended disability (up to an additional 12 consecutive months)
  • Active duty with the armed forces (up to an additional 48 consecutive months if a normal discharge, up to 48 months if hospitalized)
  • Leave to pursue a course of study (up to an additional 12 consecutive months; requires approval of the University VP and Chief Human Resources Officer for University Staff and approval of the State Director of the Department of Human Resource Management for Classified Staff)
  • Non-state employment that is of vital importance to the state and/or national welfare (up to an additional 12 months; requires approval of the University VP and Chief Human Resources Officer for University Staff and approval of the State Director of the Department of Human Resource Management for Classified Staff)

Requesting LWOP

Depending on your role, you will have certain responsibilities regarding Leave Without Pay:

Employees

  • Inform supervisor according to departmental procedures of request for Conditional or Unconditional LWOP
  • Provide military orders if Unconditional LWOP is for military purposes
  • Ensure Family Medical Leave Act form is completed if Conditional or Unconditional LWOP is for a family member’s illness or if you are ill and enrolled in the traditional sick plan

Supervisors/Departments

  • Communicate to employee if the LWOP is approved and whether it is conditional or unconditional
  • Department’s HRMS Specialist updates the employee’s status to LWOP in HRMS
  • Department’s HRMS Speicialist updates the employee’s status to active in HRMS when the employee returns to work
  • Ensure no hours worked or leave taken are entered on the online timecard when the employee is on LWOP

UVA Human Resources

  • Provide information and counseling regarding Conditional and Unconditional LWOP
  • Assist employee/department in determining the effective date of LWOP and the appropriate usage of available leave balances
  • Explain in writing to the employee/supervisor/department the status of the employee’s benefits during Unconditional LWOP
  • Explain in writing to the employee/supervisor/department for Conditional LWOP:
    • automatic reinstatement is only possible if the employee’s old position is still vacant
    • if the employee’s old position is not available, the employee will be separated and may be employed again only after going through the normal recruitment and selection process
    • status of the employee’s benefits during Conditional LWOP
    • procedure for seeking reinstatement or a return to work through Jobs@UVA
  • Provide assistance to the employee to find other job vacancies if not reinstated from Conditional LWOP
  • Verify and ensure the appropriateness of supporting documentation
  • Ensure that time and leave are entered appropriately