Administrative Code

Virginia Administrative Code
11/27/2021

Chapter 460. Regulations Governing Sick Leave Plan for Teachers

8VAC20-460-10. Allowances.

Allowances shall be as follows:

1. Each full-time teacher in the public free schools shall earn a minimum of 10 days each year.

2. Earnings for less than a full year of full-time employment shall be at the rate of one day per month, or major fraction thereof. This provision applies to teachers who do not begin teaching at the start of the school term and to those who do not complete the full year.

3. A teacher cannot claim any portion of earned leave unless he or she has actually reported for duty for the regular school term in accordance with the terms of the teacher's contract. If a teacher is unable, because of illness, to begin teaching when school opens in the fall, such teacher may be allowed to use accumulated leave not to exceed the balance credited to him or her as of June 30 of the immediate preceding school year.

4. School boards may, by resolution, permit teachers to anticipate sick leave earnings for the current school year, provided adequate provision is made for a refund in the event the teacher terminates employment before such credit is earned.

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 1, eff. September 1, 1980.

8VAC20-460-20. Accumulating sick leave.

Sick leave, if not used, may accumulate to a minimum of 90 days.

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 2, eff. September 1, 1980.

8VAC20-460-30. When substitute employed.

When a substitute has to be employed, such leave shall be allowed for personal illness, including quarantine, or illness or death in the immediate family requiring the attendance of the employee for not more than three days in any one case, unless the local school board by resolution wishes to allow an extension.

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 3, eff. September 1, 1980.

8VAC20-460-40. "Immediate family" defined.

The "immediate family" of an employee shall be interpreted to include natural parents, adoptive parents, foster parents, stepmother, stepfather, wife, husband, children, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and any other relative living in the household of the teacher ("any other relative living in a household of a teacher" is limited only in that the relative, however distant, must live in the household of a teacher).

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 4, eff. September 1, 1980.

8VAC20-460-50. Termination of accumulative sick leave; transfer of sick leave; when teacher presumed to have left teaching profession.

All accumulated sick leave shall terminate, except as defined below, upon the expiration of employment as a teacher. A teacher may transfer from one school system to another in Virginia and also may transfer any accumulated leave if the school board of the system to which the transfer is being made signifies its willingness to accept such transfer.

A teacher will be presumed to have left the teaching profession if he or she accepts employment other than in the public school system of Virginia, or is unable to teach in the public schools of Virginia for a period of three consecutive years because of illness or physical disability or family responsibilities. Teachers who leave the teaching profession to enter the armed services do not forfeit accumulated earnings unless they fail to return to the teaching profession immediately upon discharge from an original tour of duty in the armed services.

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 5, eff. September 1, 1980.

8VAC20-460-60. Local supplementary regulations.

Local school boards may adopt supplementary rules and regulations, not in conflict with this chapter, and, in the discretion of the local board, such local regulations may provide for the submission of a doctor's certificate in case of absence due to illness.

Statutory Authority

§§ 22.1-16 and 22.1-17 of the Code of Virginia.

Historical Notes

Derived from VR270-01-0044 § 6, eff. September 1, 1980.

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