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Notice of Proposed Rulemaking

This Notice of Proposed Rulemaking is issued pursuant to West Virginia University Board of Governors Governance Rule 1.1. The proposed changes are to the following current Board of Governors Rule: West Virginia University Board of Governors Talent and Culture Rule 3.5 – Employee Leave .

The proposed changes are to amend the current BOG Rule to reduce cost, administrative burden, and give the University additional flexibility with leave matters.

A copy of the current Rule can be found at policies.wvu.edu/finalized-bog-rules and a copy of the proposed Amended Rule and this Notice of Proposed Rulemaking can be found at policies.wvu.edu.

There will be a public comment period from June 16, 2025, and will extend through July 17, 2025, for the submission of written comments. Comments should be submitted using the online submission form for each Rule, which can be found by clicking on the link to the Rule located at policies.wvu.edu. If there are any questions about the submission process, they can be directed to Valerie Lopez, Special Assistant to the Board of Governors, at Valerie.Lopez@mail.wvu.edu or Valerie Lopez, Office of the President, West Virginia University, PO Box 6201, Morgantown, West Virginia 26506-6201.

Once the comment period has ended, all public comments received or a summary thereof will be posted on the University’s policy website. The Rule may be changed, subject to comments received.

Substantively, the proposed changes to the BOG Rule above will result in the amendments as set forth below:

BOG Rule Recommended Action Comments

BOG Talent and Culture Rule 3.5 – Employee Leave

Amend and Approve

  • The Board adopted this Rule on September 8, 2017, as part of the initial wave of BOG Rules under the Freedom Agenda. The Rule was virtually unchanged from the WV Higher Education Policy Commission’s employee leave rule.
  • The proposed amendments seek to provide the University with additional flexibility in moving employees between affiliated entities and to reduce administrative cost and burden.
  • As such, the proposed amendments seek to amend Section 3.5 to give the University the authority to decide how annual leave is paid out at the end of employment, and to add a new Section 2.2.7, which gives the University the authority to honor the leave of employees that are moving from a position at a University affiliate (e.g., West Virginia University Research Corporation or WVU Health System) to a University position.