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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 4-45.2

PERSONNEL

Sick Leave Banks

A. Sick Leave Banks

All interested employees may elect to join the appropriate sick leave bank. The sick leave banks are maintained by the Department of Human Resources to be used when a member is incapacitated by long-term personal illness or injury, as long as at least one-third of the eligible members agree to participate in accordance with the provisions of the regulation.

All employees utilizing sick leave banks shall have said leave credited to Family Medical Leave as described by the Family Medical Leave Act of 1993 if the event qualifies as a Family Medical Leave event and the full utilization of Family Medical Leave has yet to occur.

B. Members are subject to the specific regulations of each bank as follows:

1. Regulations for Administrators, Supervisors, and Certain Professional Personnel

a. Membership. Membership in the sick leave bank shall be limited to those employees in positions classified as administrative or professional except those included in sections B3 and B6. (Refer to the Classification and Compensation Plan.)

b. Enrollment Period. An employee may enroll within the first 30 days of employment. An eligible employee who does not enroll when first eligible may do so between any subsequent July 1 and August 15 period by making application and providing satisfactory evidence of good health to the School Board. An eligible employee may enroll in the sick leave bank by donating the hourly equivalent of 2 days of sick leave earned during the then-current year.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary. The first hourly equivalent of 50 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the first hourly equivalent of 50 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of 50 contract days of absence, although not consecutive, for the same illness/injury occur. If the member has accumulated more than the hourly equivalent of 50 days of sick leave, the member must use all accumulated sick leave to within the hourly equivalent of six (6) days. (i.e., If the member has accumulated the hourly equivalent of 60 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 54 of those days are used, leaving the member with the hourly equivalent of 6 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up to the annual maximum of the hourly equivalent of 90 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use of the sick leave bank during the period of childbirth is subject to division regulation 4-45.1 Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 90 contract days each contract year may be withdrawn by any one member.

e. Assessment. Members will be assessed an additional contribution of the average hourly equivalent of 2 days at such time as the bank is depleted to the average hourly equivalent of 50 days, unless they choose not to participate further in the bank.

f. Repayment. Members utilizing sick leave days from the sick leave bank will not have to replace these days, except as a regular contributing member to the bank.

g. Proof of illness. Members may be required to present a physician’s certificate if it is deemed necessary for proof of illness when utilizing the sick leave bank.

h. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal from the bank, a participating employee will not be permitted to withdraw his contributed hours.

i. Transfer. When an employee transfers from one category to another (i.e., from administrator to teacher), it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

2. Regulations for Bus Drivers

a. Membership. Membership in the sick leave bank shall include all bus driver personnel.

b. Enrollment Period. An employee may enroll within the first 30 days of employment after completion of eligibility requirements. An eligible employee who does not enroll when first eligible may do so between any subsequent September 1 and October 15 period by making application and providing satisfactory evidence of good health to the School Board. An eligible employee may enroll in the sick leave bank by donating the hourly equivalent of 2 days of sick leave.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary. The first hourly equivalent of 20 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the first hourly equivalent of 20 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of 20 contract days of absence, although not consecutive, for the same illness/injury occur. If the member has accumulated more than the hourly equivalent of 20 days of sick leave, the member must use all accumulated sick leave to within the hourly equivalent of three (3) days. (i.e., If the member has accumulated the hourly equivalent of 35 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 32 of those days are used, leaving the member with the hourly equivalent of 3 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional period of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up to the annual maximum of the hourly equivalent of 30 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use of the sick leave bank during the period of childbirth is subject to division regulation 4-45.1, Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 30 contract days each contract year may be withdrawn by any one member.

e. Assessment. Members of the sick leave bank will be assessed additional hours of sick leave at such times as the bank is depleted to the average hourly equivalent of two hundred (200) days, unless they choose not to participate further in the bank. Members utilizing sick leave from the bank will be assessed the average hourly equivalent of additional days effective October 1 of the next contract year as follows: the average hourly equivalent of one (1) day for using the hourly equivalent of 1 to 15 days and the average hourly equivalent of two (2) days for using the hourly equivalent of 16 to 30 days. Members who have no sick leave to contribute at the time of the additional assessment will be assessed the hours by October 1 of the following year.

f. Repayment. Members utilizing sick leave hours from the sick leave bank will not have to replace these hours, except as a regular contributing member to the bank.

g. Proof of Illness. Members may be required to present a physician's certificate if it is deemed necessary for proof of illness when utilizing the sick leave bank.

h. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal from the bank, a participating employee will not be permitted to withdraw his contributed hours.

i. Transfer. When an employee transfers from one category to another, it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

3. Regulations for Food Services Personnel

a. Membership. Membership in the sick leave bank shall include all food service personnel (cafeteria workers and managers).

b. Enrollment Period. An employee may enroll within the first 30 days of employment after completion of eligibility requirements. An eligible employee who does not enroll when first eligible may do so between any subsequent September 1 and October 15 period by making application and providing satisfactory evidence of good health to the School Board. An eligible employee may enroll in the sick leave bank by donating the hourly equivalent of 2 days of sick leave.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary and limited to persons having worked one (1) full year with the Virginia Beach Public Schools. The first hourly equivalent of 20 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the first hourly equivalent of 20 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of 20 contract days of absence, although not consecutive, for the same illness/injury occur. If the member has accumulated more than the hourly equivalent of 20 days of sick leave, the sick leave to within the hourly equivalent of three (3) days. (i.e., If the member has accumulated the hourly equivalent of 35 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 32 of those days are used, leaving the member with the hourly equivalent of 3 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up to the annual maximum of the hourly equivalent of 30 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use of the sick leave bank during the period of childbirth is subject to division regulation 4-45.1, Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 30 contract days each contract year may be withdrawn by any one member.

e. Assessment. Members of the sick leave bank will be assessed an additional contribution of the hourly equivalent of one (1) day at such

time as the bank is depleted to the average hourly equivalent of 100 days, unless they choose not to participate further in the bank.

f. Repayment. Members utilizing sick leave days from the sick leave bank will not have to replace these hours, except as a regular contributing member to the bank.

g. Proof of Illness. Members may be required to present a physician's certificate if it is deemed necessary for proof of illness when utilizing the sick leave bank.

h. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal from the bank, a participating employee will not be permitted to withdraw his contributed hours.

i. Transfer. When an employee transfers from one category to another, it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

4. Regulations for Purchasing, Supply, Bus Garage, School Plant, Custodial Personnel and Others

a. Membership. Membership in the sick leave bank shall include all personnel not included in division regulation 4-45.2, Sections B1, B2, B3, B5, and B6.

b. Enrollment Period. An employee may enroll within the first 30 days of employment after completion of eligibility requirements. An eligible employee who does not enroll when first eligible may do so between any subsequent September 1 and October 15 period by making application and providing satisfactory evidence of good health to the School Board. An eligible employee may enroll in the sick leave bank by donating the hourly equivalent of 2 days of sick leave.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary and limited to persons having worked one (1) full year with the Virginia Beach Public Schools. The first hourly equivalent of 20 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the first hourly equivalent of 20 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in these cases in which the hourly equivalent of 20 contract days of absence, although not consecutive, for the same illness/injury occur. If the member has accumulated more than the hourly equivalent of 20 days of sick leave, the member must use all accumulated sick leave to within the hourly equivalent of three (3) days. (i.e., If the member has accumulated the hourly equivalent of 35 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 32 of those days are used, leaving the member with the hourly equivalent of 3 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up to the annual maximum of the hourly equivalent of 30 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use if the sick leave bank during the period of childbirth is subject to division regulation 4-45.1, Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 30 contract days each contract year may be withdrawn by any one member.

e. Assessment. Members of the sick leave bank will be assessed an additional contribution of the hourly equivalent of one (1) day at such time as the bank is depleted to the average hourly equivalent of 100 days, unless they choose not to participate further in the bank.

f. Repayment. Members utilizing sick leave days from the sick leave bank will not have to replace these hours, except as a regular contributing member to the bank. If an employee does not return to work at the end of the use of the sick leave bank, the administration reserves the right to obtain a refund of all monies paid as a result of hours used from the sick leave bank. Reimbursement will not be sought for individuals who do not return to work because of medical problems or death.

g. Proof of Illness. Members may be required to present a physician's certificate if it is deemed necessary for proof of illness when utilizing the sick leave bank.

h. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal from the bank, a participating employee will not be permitted to withdraw his contributed hours.

i. Transfer. When an employee transfers from one category to another (i.e., from custodial to cafeteria worker), it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

5. Regulations for Secretarial/Clerical Personnel

a. Membership. Membership in the sick leave bank shall be limited to secretarial/clerical personnel.

b. Enrollment Period. An employee may enroll within the first 30 days of employment after completion of eligibility requirements. An eligible employee who does not enroll when first eligible may do so between any subsequent September 1 and October 15 period by making application and providing satisfactory evidence of good health to the School Board. An eligible employee may enroll in the sick leave bank by donating the hourly equivalent of 2 days of sick leave.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary and limited to persons having worked one (1) full year with the Virginia Beach Public Schools. The first hourly equivalent of 30 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the first hourly equivalent of 30 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of 30 contract days of absence, although not consecutive, for the same illness/injury occur. If the member has accumulated more than the hourly equivalent of 30 days of sick leave, the member must use all accumulated sick leave to within the hourly equivalent of three (3) days. (i.e., If the member has accumulated the hourly equivalent of 35 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 32 of those days are used, leaving the member with the hourly equivalent of 3 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up the annual maximum of the hourly equivalent of 40 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use of the sick leave bank during the period of childbirth is subject to division regulation 4-45.1, Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 40 contract days each contract year may be withdrawn by any one member.

e. Assessment. Members utilizing sick leave from the bank will be assessed the hourly equivalent of 2 days of sick leave effective October 1 of the next contract year. Members who have no sick leave to contribute at the time of the assessment will be assessed these hours by October 1 of the following year. Assessment will also be necessary if the bank is depleted to the average hourly equivalent of 100 days. All members would be assessed the hourly equivalent of one (1) day.

f. Repayment. Members utilizing sick leave days from the sick leave bank will not have to replace these hours, except as a regular contributing member to the bank. If an employee does not return to work at the end of the use of the sick leave bank, the administration reserves the right to obtain a refund of all monies paid as a result of hours used from the sick leave bank. Reimbursement will not be sought for individuals who do not return to work because of medical problems or death.

g. Proof of Illness. Members may be required to present a physician's certificate if it is deemed necessary for proof of illness when utilizing the sick leave bank.

h. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal from the bank, a participating employee will not be permitted to withdraw his contributed hours.

i. Transfer. When an employee transfers from one category to another, it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

6. Regulations for Teachers, Teacher Assistants, Nurses, and Interpreters

a. Membership. Membership in the sick leave bank shall be limited to individuals paid on the teacher scale and instructional personnel and specialists as defined by Regulation 4-8.1.

b. Enrollment Period. An employee may enroll within the first 30 days of employment. An employee who does not enroll when first eligible may do so between any subsequent September 1 and October 15 period by making application and providing satisfactory evidence of good health to the School Board. An employee may enroll in the sick leave bank by donating the hourly equivalent of 1 day of sick leave earned.

c. Coverage/Eligibility. Membership in the sick leave bank shall be voluntary. The first 20 consecutive contract days of illness or disability will not be covered by the bank. To be eligible to utilize the sick leave bank, the member must cover the hourly equivalent of the first 20 days of illness with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of 20 contract days of absence, although not consecutive, for the same illness/injury occur. . If the member has accumulated more than the hourly equivalent of 20 days of sick leave, the member must use all accumulated sick leave to within the hourly equivalent of three (3) days. (i.e., If the member has accumulated the hourly equivalent of 35 days of sick leave, he/she may not draw from the bank until the hourly equivalent of 32 of those days are used, leaving the member with the hourly equivalent of 3 days of sick leave on the books.)

Hours drawn from the bank for any one period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness, which will be covered fully on a continuing basis up to the annual maximum of the hourly equivalent of 45 days. Otherwise, members must return to work and must meet the requirements of this subsection before becoming eligible to utilize sick leave bank benefits again. Use of the sick leave bank during the period of childbirth is subject to division regulation 4-45.1, Sections B and C.

d. Maximum Usage. A maximum of the hourly equivalent of 45 contract days each contract year may be withdrawn by any one member. Exceptions may be made by the administrator of the bank. In such cases, the substitute's pay shall be deducted from the unit member's salary.

e. Assessment. Members of the sick leave bank will be assessed the hourly equivalent of additional days of sick leave at such times as the bank is depleted to the average hourly equivalent of 600 days, unless they choose not to participate further in the bank. Members who have no sick leave to contribute at the time of assessment will be assessed this day by October 1 of the following year.

f. Repayment. Members utilizing sick leave days from the sick leave bank will not have to replace these hours, except as a regular contributing member to the bank. If an employee does not return to work at the end of the use of the sick leave bank, the administration reserves the right to obtain a refund of all monies paid as a result of hours used from the sick leave bank. Reimbursement will not be sought for individuals who do not return to work because of medical problems or death.

g. Termination or Withdrawal From Bank. Upon termination of employment, or withdrawal of membership from the bank, a participating employee will not be permitted to withdraw his/her contributed hours.

h. Transfer. When an employee transfers from one category to another (i.e., from teacher assistant to secretary/clerical), it is the employee's responsibility to reapply to the appropriate bank. The transfer from one bank to another is not automatic.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: September 15, 1992
Revised by Superintendent: January 18, 1994
Revised by Superintendent: December 13, 2002