2.2-124 - Regulation of athletic leaves of absence.
§ 2.2-124. Regulation of athletic leaves of absence.
A. The Governor shall establish rules to provide for the regulation ofathletic leaves of absence for state employees as follows:
1. A public employee who qualifies as a member of the United States team forathletic competition on the Pan American or Olympic level in a sportcontested in such competition may be granted leave of absence upon approvalof the appropriate cabinet secretary without loss or reduction of pay, time,annual leave, or efficiency rating for the purpose of preparing for andengaging in competition on such levels. In no event shall the paid leaveunder this subdivision exceed the period of the official training camp andcompetition combined or ninety calendar days a year, whichever is less. Apublic employee who qualifies and applies as a member of the United Statesteam for athletic competition on the international level other than the PanAmerican or Olympic games may be granted a leave of absence without pay.
2. A public employee who qualifies and applies for an athletic leave ofabsence under the provisions of this subdivision shall notify his employer ofhis desire for such leave at least thirty days before the effective date ofthe leave; however, if the official training camp for international orOlympic games commences less than thirty days after the employee's selectionas a member of the United States team, the employee shall notify his employerof his desire for athletic leave immediately upon his selection as a memberof such team.
3. All or any portion of the approved athletic leave of absence provided forin this subdivision may be canceled retroactively by the employer if theemployee does not participate in the training or competition for approvedreasons or for reasons that are unrelated to the physical and/or mentalability to compete.
4. If the absence of a state employee necessitates the hiring of a substituteduring the employee's absence, the Commonwealth shall reimburse thegovernmental branch, department, agency, board, institution, or commission ofthe Commonwealth for actual costs incurred in employing the substitute.
B. As used in this section, unless the context requires a different meaning:
"Public employee" means any full-time employee of the Commonwealth or ofany branch of the state government, of any executive department of theCommonwealth, or of any agency, board, institution or commission of theState; however, no elected official shall be considered a public employee forpurposes of this section.
"Athlete" means an individual who is dedicated to improving a skill orskills in a particular physical exercise, sport, or game requiring strength,agility, or stamina and for whom this effort does not result in financialgain or remuneration.
"International or Olympic competition" means any athletic competitioninvolving athletes from two or more nation-states.
(1981, c. 335, § 2.1-114.2:1; 2001, c. 844.)