                                 CODE OF VIRGINIA

REGULATION OF ATHLETIC LEAVES OF ABSENCE (§ 2.2-124)

A. The Governor shall establish rules to provide for the regulation of athletic
leaves of absence for state employees as follows:

   1. A public employee who qualifies as a member of the United States team for
   athletic competition on the Pan American or Olympic level in a sport contested
   in such competition may be granted leave of absence upon approval of the
   appropriate cabinet secretary without loss or reduction of pay, time, annual
   leave, or efficiency rating for the purpose of preparing for and engaging in
   competition on such levels. In no event shall the paid leave under this
   subdivision exceed the period of the official training camp and competition
   combined or ninety calendar days a year, whichever is less. A public employee
   who qualifies and applies as a member of the United States team for athletic
   competition on the international level other than the Pan American or Olympic
   games may be granted a leave of absence without pay.

   2. A public employee who qualifies and applies for an athletic leave of
   absence under the provisions of this subdivision shall notify his employer of
   his desire for such leave at least thirty days before the effective date of
   the leave; however, if the official training camp for international or Olympic
   games commences less than thirty days after the employee&#8217;s selection as
   a member of the United States team, the employee shall notify his employer of
   his desire for athletic leave immediately upon his selection as a member of
   such team.

   3. All or any portion of the approved athletic leave of absence provided for
   in this subdivision may be canceled retroactively by the employer if the
   employee does not participate in the training or competition for approved
   reasons or for reasons that are unrelated to the physical and/or mental
   ability to compete.

   4. If the absence of a state employee necessitates the hiring of a substitute
   during the employee&#8217;s absence, the Commonwealth shall reimburse the
   governmental branch, department, agency, board, institution, or commission of
   the Commonwealth for actual costs incurred in employing the substitute.

B. As used in this section, unless the context requires a different meaning:
			&#8220;Public employee&#8221; means any full-time employee of the
Commonwealth or of any branch of the state government, of any executive
department of the Commonwealth, or of any agency, board, institution or
commission of the State; however, no elected official shall be considered a
public employee for purposes of this section.
			&#8220;Athlete&#8221; means an individual who is dedicated to improving a
skill or skills in a particular physical exercise, sport, or game requiring
strength, agility, or stamina and for whom this effort does not result in
financial gain or remuneration.
			&#8220;International or Olympic competition&#8221; means any athletic
competition involving athletes from two or more nation-states.

HISTORY: 1981, c. 335, § 2.1-114.2:1; 2001, c. 844.