Virginia HB 139: School board policies; unpaid educational leave for certain employee association officers.

Bill Text

2026 SESSION

INTRODUCED

26100531D

HOUSE BILL NO. 139

Offered January 14, 2026

Prefiled January 5, 2026

A BILL to amend and reenact §§ 22.1-296, 51.1-142.2, and 51.1-142.3 of the Code of Virginia, relating to school board policies; unpaid educational leave for certain employee association officers; purchase of service credit.

—————

Patron—Simonds

—————

Referred to Committee on Education

—————

Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-296, 51.1-142.2, and 51.1-142.3 of the Code of Virginia are amended and reenacted as follows:

§ 22.1-296. Payment of employees; reimbursement for private transportation; certain sick leave policies; unpaid educational leave for certain employee association officers.

A. Each school board shall provide for the payment of teachers, principals, assistant principals, and other employees monthly, semimonthly, or biweekly, as may be determined by the school board.

However, school boards setting the school calendar so that the first day students are required to attend occurs prior to August 15 shall establish a payment schedule to ensure that all contract personnel are compensated for time worked within the first month of employment.

B. All school board employees may be reimbursed for private transportation at a rate not to exceed that which is authorized for persons traveling on state business in accordance with § 2.2-2825. Whatever rate is paid, however, shall be the same for school board members and employees of the board.

C. Each local school board shall adopt policies providing for leave without pay for school board employees with debilitating or life-threatening illness or injury, without regard to the employee's length of service with the school board.

D. Each school board shall adopt a policy that requires the school board to approve unpaid educational leave for school board employees who are state employee association officers and for at least two school board employees who are local employee association officers for a maximum of four years per officer. Employee association officers approved for such leave may purchase service credit with the Virginia Retirement System pursuant to § 51.1-142.2 for such period of leave.

§ 51.1-142.2. Prior service or membership credit for certain members; service credit for accumulated sick leave.

A. Certain members may purchase credit for service as provided in this section.

A. B. 1. Any member in service may purchase service credit from the following categories of service or leave: (i) leave of absence for educational purposes that was previously approved by the member's employer, including unpaid educational leave as set forth in subsection D of § 22.1-296; (ii) leave of absence for a serious health condition of the member or of an immediate family member, all as defined in the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., as amended, and previously certified by the member's employer; (iii) up to one year of service credit per occurrence of leave for any unpaid leave of absence due to the birth, adoption, or death of a qualifying child, as defined in § 51.1-500; (iv) service as a full-time employee of another state, a public school system of another state, or a political subdivision of the Commonwealth or another state, as certified by such state, public school system, or political subdivision; (v) full-time service of a political subdivision of this state not credited to the member under an agreement as provided for in § 51.1-143.1, as certified by such political subdivision; (vi) full-time civilian service of the United States; (vii) full-time service at a private institution of higher education if the private institution is merged with a public institution of higher education and graduates of the private institution are then issued new degrees from the public institution; or (viii) any period of time when the member was employed part time or in a wage position by a participating employer and not otherwise eligible to participate in the retirement system because the member was not an employee as defined in § 51.1-124.3. However, no member in service shall be allowed to purchase more than a total of four years of service credit pursuant to this subdivision.

2. In addition to the service credit that may be purchased under subdivision 1, any member in service may purchase up to four years of service credit for prior active duty military service in the armed forces of the United States, provided that the discharge from a period of active duty status with the armed forces was not dishonorable.

3. The service credit to be credited to a member under this subsection shall be calculated at the ratio of one year, or portion thereof, of service credit to one year, or portion thereof, of service purchased, except for employment service purchased under clause (viii) of subdivision 1, which shall be calculated at the ratio of one month of service credit for each 173 hours of service as ce