Virginia Sickness and Disability Program

Employees hired after January 1, 1999 and those employed prior to January 1, 1999 who chose to enroll are provided sick leave and family/personal leave under the Virginia Sickness and Disability Program. A third party, UnumProvident, administers this program.

Current employees are allotted a certain amount of sick leave and family/personal leave on January 10 of each year as shown on the following chart:

Full-time Classified Employees:

Part-time Classified Employees:

New employees are allotted a certain amount of sick leave and family/personal leave on their hire date as shown on the following chart:

New Full-time Classified Employees:

New Part-time Classified Employees:

Neither VSDP sick leave or family/personal leave may be carried over at the end of the calendar year or paid out upon the employee's separation.

VSDP sick leave will allow employees to continue to receive full pay when they take time off from work. However, VSDP sick leave is only used for the waiting period prior to an absence under short-term disability or for illness not qualifying as short-term disability. Family/personal leave may be used for absences due to personal and family reasons, as well as for personal illnesses or injuries. It may also be used for time off for vacation or for absences in excess of the credits available for other kinds of leave.

VSDP sick leave is a privilege to be used for valid health reasons and may be taken for any one of the following purposes:

• an illness or injury incapacitating the employee from performing his or her duties which does not qualify for short-term disability;
• an exposure to contagious disease such that presence on duty could jeopardize the health of others;
• a physician's appointment for examination and treatment related to health (this includes medical, dental, and optical appointments);
• conditions or health problems which do not qualify as short-term disability that prevent employees from performing their duties;
• the seven (7) day waiting period prior to an absence under short-term disability.

Under the VSDP sick leave policy, use of sick leave for maternity reason qualifies as short-term disability and will be limited to the number of days certified by a physician as medically necessary. If additional leave time is requested beyond the period of medical disability, this time must be charged to annual leave, other paid leave, or leave without pay.

The Family and Medical Leave Act (FMLA) of 1993 requires the employer to give eligible employees job-protected leave for the birth, adoption, or foster care of a child; or the serious health condition of the employee or the employee's immediate family member. Employees who are approved for FMLA leave for qualifying family reasons may use up to 33% of their personal sick leave hours held at the beginning of the FMLA leave.

Verification of Sick Leave

Supervisors may request a physician's certification of illness which indicates that the employee is temporarily unable to work and the estimated period of absence when employees are out for personal health reasons and the absence does not qualify for short-term disability. If a supervisor requests an employee to produce a physician's statement to verify absences for health reasons, and the employee fails to produce the verification, the supervisor can charge the employee's annual leave balance or consider the leave to be unauthorized. Disciplinary action may also be taken.

Employees are encouraged, when possible, to schedule medical appointments during non-work hours. VSDP sick leave applies to the time required for the medical appointment plus reasonable travel time. Supervisors may request a physician's verification of the medical appointment to cover the period missed.

Short-Term Disability Benefits:

Under the VSDP, employees who must be out for extended periods of time for health reasons must contact UnumProvident at 1-800-652-5602 and seek qualification for short-term disability. The UnumProvident staff will work with the employee's physician to determine whether the health condition qualifies for short-term disability and the length of the period of short-term disability. An employee does not use VSDP sick leave or any other leave hours when he or she is out on short-term disability unless he or she is supplementing periods of 80% or 60% pay in order to receive 100% pay. Annual leave, family/personal leave, overtime leave, or compensatory leave can be used to supplement periods of 80% or 60% pay.

Employees on short-term disability are entitled to the following income replacement:

If the disability is due to a work-related injury compensable under the Virginia Workers' Compensation Act, the short-term disability program provides the difference between what the employee receives under Workers' Compensation and the short-term disability benefits as outlined in the following chart:

Long-Term Disability Benefits:

Long-term disability benefits provide income replacement if an employee is unable to work for a long period of time due to an illness or injury. Long-term disability benefits begin after short-term disability benefits end. The waiting period for long-term disability benefits is 6 months (the length of short-term disability coverage).

Long-term disability benefits provide an income replacement of 60 percent of creditable compensation. These benefits continue until the earlier of the following:

• The employee is able to return to work full duty and full schedule.
  
• The employee reaches normal retirement age.
  
• The employee's wages and salary exceed 85 percent of pre-disability earnings.
  
• The employee begins receiving a VRS service retirement benefit.
  
• The employee dies.

Information on how to access VSDP Benefits is provided on the next page.

For further on information on Virginia Sickness and Disability Leave.