Unpaid Leave - Options for Time Off without Pay

Unpaid Leave


UVA offers generous paid leave benefits. However, in situations when a faculty, staff or team members requires time off beyond his/her available paid leave, Leave Without Pay (LWOP) may be granted at a Supervisor's discretion.

Policies differ by employee type. The following is a list of unpaid leave categories by employee type, as well as LWOP Policies for more detail.  

The most common types of unpaid leave are:

  1. Medical Leave

  2. Continuing Education

  3. Military Duty

  1. Temporary Non-state Employment

  2. Conversion Leave - Faculty

  3. Personal Leave - Faculty

Approved Situtions to Take Leave Without Pay

Specific situations warrant the use of LWOP, and differ by employee type.

  • Classified Staff

    • Extended Disability Leave
    • Educational Leave
    • Medical - FMLA (Family & Medical Leave Act)
    • Military Training or Active Duty Leave
    • Temporary Non-State Employment
  • University Staff

    • Extended Disability Leave
    • Educational Leave
    • Medical - FMLA (Family & Medical Leave Act)
    • Military Training or Active Duty Leave
    • Temporary Non-State Employment
  • Faculty

    • Educational Leave
    • Family Leave
    • Medical - FMLA (Family & Medical Leave Act)
    • Military Training or Active Duty Leave
    • Parental Leave
    • Family Leave
    • Conversion Leave
    • Personal Leave
  • Medical Center Team Members

    • Educational Leave Without Pay
    • Military Training or Active Duty Leave Without Pay
    • Medical - FMLA (Family & Medical Leave Act)
    • Medical Leave of Absence

Types of Leave Without Pay

Understand the two types of LWOP - Conditional and Unconditional

  • Classified and University staff

    There are two types of LWOP:

    Conditional Leave Without Pay is approved absence from work without pay that guarantees reinstatement (i.e., only if your position is available when you wish to return). If the position is not available, you may be employed again only after going through normal recruitment and selection.

    Unconditional Leave Without Pay is approved absence from work without pay that guarantees reinstatement to the position you held previously.

    Both types of leave are limited to a period of 12 consecutive months, but may be extended in specific situations.

  • Faculty

    Recognizing the need for faculty members (academic, administrative, and professional) to be free to pursue research and scholarship and to fulfill family, personal, or other obligations, the University allows both unpaid and partial paid leave, (depending on circumstances). With the exception of leave taken under the federal Family and Medical Leave Act, faculty members must submit a request to their supervisor and obtain required approvals. A leave request will be considered case-by-case, and based on the needs of the department or unit. A leave of absence, whether full or partial, will not be granted for longer than two consecutive years, (except for exceptional circumstances).

    Leave Without Pay is approved, unpaid absence from UVA of up to two consecutive years; availability of benefits depends on the type of leave.

    Leave With Partial Pay is an approved, temporary reduction of a faculty member’s workload - accompanied by a commensurate reduction in salary (for example, a faculty member who is approved for half-time leave retains approximately half of his/her regular responsibilities for a specified period of time, during which he/she receives 50% of his/her salary). A faculty member on leave with partial pay usually retains full-time benefits, including health insurance, (although the employer’s retirement contribution during leave will vary depending on the type of leave). For most types of leave with partial pay, the reduced salary must be sufficient to allow for payroll deductions (ex.: healthcare) of the employee’s share of the health insurance premium.

LWOP Policies by Employee Type

Detailed descriptions of LWOP Policies by employee type:

 

 

Medical Leave

Unpaid Leave Options for Personal or Family Reasons

  • Classified Staff, University Staff, Faculty and Medical Center Team Members

    You are covered by the Family Medical Leave Act, and entitled to unpaid leave, for the following circumstances:

    • Birth of a child
    • Addition to the family through adoption or foster care
    • Care for a family member (child, spouse, or parent) with a serious health condition
    • A serious health condition that makes you unable to do your job

    Classified or University Staff experiencing an extended disability may be approved for up to an additional 12 consecutive months of unpaid leave. 

    Disability Benefits
  • Medical Center Team Members

    Medical Leave of Absence: The Medical Center may grant a medical leave of absence for personal illness or disability. This policy applies to team members who are not eligible for leave under the Family Medical Leave Act (FMLA), or who have exhausted their rights under FMLA.

  • Faculty

    In addition to leave covered by the FMLA, faculty members may be eligible for general Family Leave or additional Parental Leave.

    Family Leave: A faculty member who is tenured, tenure-track, or non-tenure-track with an appointment of one year or more, may request leave (with partial pay or without pay) for up to one year if unable to carry out assigned duties. Family leave may be approved to care for a child, spouse, or other disabled or elderly adult.

    Additional Parental Leave: A faculty member who is tenured, tenure-track, or non-tenure-track with an appointment of one year or more may request an additional 9 weeks of unpaid parental leave - in addition to paid leave. Parental leave must be completed within 12 months of the date of the birth or placement of the child.

Education

Unpaid Leave Options for Continuing Education

  • Classified Staff and University Staff

    You may be permitted to take unpaid leave for educational purposes that requires a longer period of absence than the paid leave policy.

    Approved leave without pay is usually limited to a period of 12 consecutive months. It may be extended up to an additional 12 consecutive months - with approval of the University VP, Chief Human Resources Officer for University Staff, and State Director of the Department of Human Resource Management for Classified Staff.

  • Faculty

    Educational leave offers faculty the opportunity to pursue new knowledge, techniques, and experiences upon supervisor, dean, or vice president approval. Educational leave may be approved as leave without pay - or partial pay - for up to two years.

Military Duty

Unpaid Leave Options for Military Training or Active Duty

  • Classified Staff and University Staff

    Military Leave provides up to 120 hours (15 days) of paid leave for active duty or military training. Service beyond 15 days requires Leave Without Pay.

    Active military who require Leave Without Pay should provide their department with a Military Leave and Earnings Statement (LES) as soon as possible.

    • Pursuant to Executive Order 44 (2003), state employees called to active duty military service in the Armed Forces of the United States and on LWOP-military are eligible to receive Active Military Supplement pay if their gross military salary plus allowances is less than their University base salary (employee will receive payment of the difference).
    • The department should send the LES to the UVA HR Leave Center to determine if Active Military Supplemental pay is due.
    • Part- and full-time (20–40 hours per week) salaried Classified and University Staff are eligible for military-related leave without pay.
    • Employees should contact UVA HR if called for active duty or for military training exceeding 15 or more days.

    Leave without pay for military reasons is usually limited to a period of 12 consecutive months. It may be extended up to an additional 48 consecutive months - if you receive a normal discharge, and up to 48 months if you are hospitalized.

  • Faculty

    Faculty called to military duty will be placed on leave without pay by the department. If the faculty member is a 12-month employee he/she may take available annual leave before being moved to a non-pay status of unpaid leave.

Temporary Leave

Unpaid Leave Options for Non-State Employment

  • Classified & University Staff, Faculty

    Requested non-state employment of vital importance to the State and/or national welfare, of up to 12 months, requires approval of the University VP, Chief Human Resources Officer for University Staff, and State Director of the Department of Human Resource Management.

Conversion Leave

 Unpaid Leave Options for Faculty

  • Faculty

    Faculty members who are converting from a 12-month to a 9-month appointment may be placed on leave without pay if their conversion date does not coincide with the start of the 9-month appointment cycle in August. Because faculty members with a 9-month appointment pay annual benefit premiums in 9 installments, rather than 12, faculty members on conversion leave will be billed for their share of any benefit premiums not deducted from their salary prior to the start of conversion leave. Faculty members who have elected to purchase additional life insurance coverage through the University will also be billed for these premiums.

Personal Leave

Unpaid Leave Options for Faculty

  • Faculty

    A faculty member who is tenured, tenure-track, or non-tenure-track with an appointment of one year or more, may request leave for personal reasons other than those already specified. Personal leave may be granted (with partial pay or without pay) for up to 2 years.

    Faculty Leave Policies