K4 Unit – ART. 17: Vacation

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ARTICLE 17 VACATION

A. Definition

For purposes of this Article, a vacation accrual period is defined as one quadri-weekly cycle (i.e., two bi-weekly pay periods) for those employees who are paid bi-weekly.

B. Eligibility to Earn Vacation

An employee who is appointed at fifty percent (50%) time or more of full time for a period of six (6) months or more is eligible to earn vacation from the date of his/her appointment. An employee who is not eligible to earn vacation by the nature of the appointment becomes eligible to earn vacation after six (6) continuous months on pay status at fifty percent (50%) time or more of full time

C. Qualifying Service to Determine Vacation Credit Earning Rates

Qualifying service to determine the rate of vacation credit shall be calculated as follows:

1. A month of service at one-half time or more is a month of qualifying service. Service prior to January 1, 1972, shall be included in determining length of service, but increased vacation benefits resulting from the change from fulltime equivalent service to service at one-half time or more shall apply only to vacation credit earned after January 1, 1972.

2. Payment for service must have been made by the University or the State of California.

3.Time on military leave from the University or the State of California is included.

4. Service need not be continuous.

D. Vacation Credit Earning Rates

Vacation credit shall be earned by an eligible employee beginning the first of the month during which the required qualifying service is completed, at the following rates:

1. At the rate of .057692 hours per hour for an employee who has rendered less than ten (10) years of qualifying service;

2. At the rate of .069231 hours per hour for an employee who has rendered at least ten (10) but less than fifteen (15) years of qualifying service;

3. At the rate of .080769 hours per hour for an employee who has rendered at least fifteen (15) but less than twenty (20) years of qualifying service; and,

4. At the rate of .092308 hours per hour for an employee who has rendered twenty (20) years or more of qualifying service.

E.Vacation credit for eligible employees is earned each vacation accrual period based on the number of hours on pay status for that vacation accrual period at a rate determined by the length of qualifying service. Employees must be on pay status at least one half the working hours of a vacation accrual period to earn vacation credit for that vacation accrual period.

F.Accrual of Vacation

An employee shall accrue full or proportionate vacation credit for a vacation accrual period. The following criteria and procedures shall control vacation credit accrual:

1. Vacation credit shall accrue during leave with pay.

2. Vacation credit for each month shall be credited at the end of the month, except that an eligible separating employee accrues proportionate vacation through the last day on pay status.

3. A full-time career employee who is on approved leave without pay receives full vacation credit for a month during which he/she is on pay status at least one-half the working hours of the month.

4. Vacation credit shall not accrue for time on pay status in excess of the fulltime working hours in a month.

5. A full-time employee shall not accrue vacation credit in excess of an amount equal to two (2) times the employee’s yearly accrual rate, except as provided in Section H.3. below. A part-time employee shall accrue vacation credit to the same maximum number of hours as a full-time employee with comparable years of service.

G. Waiting Period to Take Vacation

1. An employee who earns vacation from the date of his/her appointment shall not use such vacation until completing six (6) continuous months on pay status at fifty percent (50%) time or more.

2. An eligible employee who was employed from the State of California following completion of six (6) months of State service at one-half time or more shall not serve another waiting period if the change did not involve a break in employment of more than fifteen (15) calendar days.

3. An eligible reemployed individual who previously completed the required waiting period may use vacation credit without serving another waiting period, provided the break in service was less than six (6) months.

H. Scheduling of Vacation

Vacation leave shall be scheduled subject to the operational requirements needs of the University and in accordance with the following:

1. An employee may request that an absence for illness, disability, or personal reasons (for example, special or religious holidays) be charged to vacation. Such request shall not be unreasonably denied; however, vacation credit shall not be used prior to the time it is accrued.

2. Vacation schedules shall be established in each shop or work location on the basis of seniority in an employee’s classification and vacation schedules shall be posted in each shop or work location. An employee may split his/her vacation requests, but preference according to seniority shall only apply to an employee’s first such request. Vacation requests will be submitted during the month of March for vacations to be taken between April 1 of the same year and March 30 of the following year. Requests submitted after March 30, will be approved on a “first-come, first-served” basis. Exceptions to this procedure may be granted to accommodate an employee who wants to make long-term vacation plans.

3. Upon request, an employee shall be granted vacation before the employee’s accrued credit reaches the maximum which the employee can accumulate. An employee shall be notified sixty (60) calendar days and thirty (30) calendar days before reaching the maximum vacation credit which he/she can accumulate. If an employee cannot schedule vacation due to operational considerations that employee shall have, on a one-time basis, an additional four 32 (4) months within which he/she must take vacation to bring his/her accruals below the maximum. Vacation credits shall continue to accrue during this four (4) month period.

4.Requests for vacation leave that do not meet the requirements of Section H.2 above, may be granted subject to the operational needs of the University, provided that they are requested at least four (4) work days in advance.

5. Personal emergency vacation days may be granted at the discretion of supervision. The request for such emergency vacation shall be made either orally or in writing through the immediate supervisor and/or his or her designee. Verification of the emergency may be required and, if required, must be submitted to the immediate supervisor and/or his or her designee prior to vacation payment authorization.

6.Except as provided in Section I.2 below, an employee shall not be paid vacation for the same period that he/she is working and on pay status in the employee’s present position, or any other position paid by University funds.

7. Management shall approve or disapprove an employee’s vacation request within seven (7) University business days of the date on which the request was made. When management approves an employee’s vacation request, said approval will not be rescinded absent a major emergency. For purposes of this Article, a major emergency is defined to mean an occurrence of a serious nature, developing suddenly and unexpectedly, and requiring immediate action to protect life, safety, and health.

8.When requests for vacation are made in accordance with this MOU, Departments will not unreasonably deny those requests when staffing and workload levels support the University’s mission. The University will respond to any requests for information from the Union pursuant to the Higher Education Employer Employee Relations Act (HEERA).

I. Transfer of Vacation

1. An employee who is transferred, promoted, or demoted from one University position to another University position or funding source in which the employee will accrue vacation credit and can transfer credit shall have vacation credit transferred.

2. An employee who is transferred, promoted, or demoted to another University position in which the employee will not be eligible to accrue vacation credit, cannot transfer vacation credit, or who is transferred to or from Department of Energy contracts shall be paid for accrued vacation.

J. Terminal Vacation Pay

An eligible employee who separates from University employment or who is granted extended military leave shall be paid for vacation credit accrued through the employee’s last day of work. Such terminal vacation shall be paid to the next highest hundredth hour. The effective date of separation shall be the last day of work, except that an employee who is retiring may use vacation up to the effective date of retirement.

K. Campus Winter Closure

In years when the University implements a Campus Winter Closure during the life of this Agreement, the University and the Union mutually agree to implement said Closure period as follows:

1.Bargaining unit employees will have the personal option to do one of the following:

a.Voluntarily choose to use vacation day(s), accrued Compensatory Time Off (CTO), or leave without pay (LWOP) in the same manner that said options are made available to policy- covered employees;

b.By the first Friday each November, employees may identify themselves as available to work on any days during the Campus Winter Closure not designated as a paid holiday. The University will inform the employees who have so identified themselves of work available no later than the last Friday in November. The University shall provide work for up to thirty (30) employees and shall select employees from said volunteer list (1) by seniority, and (2) based on project and applicable skill set. After the University selects employees as described above, any employees remaining on the volunteer list will be granted vacation, CTO or LWOP in accordance with Section K(1)(a) above.