ARTICLE 17 – VACATION
A. Definitions
For purposes of this Article, a vacation accrual period is defined as one calendar month for those employees who are paid monthly or 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 their 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:
- 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 full time equivalent service to service at one-half time or more shall apply only to vacation credit earned after January 1, 1972.
- Payment for service must have been made by the University or the State of California.
- Time on military leave from the University or the State of California is included.
- 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:
- At the rate of .057692 hours per hour for an employee who has rendered less than ten (10) years of qualifying service;
- 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;
- 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,
- 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
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:
- Vacation credit shall accrue during leave with pay.
- 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.
- A full-time career employee who is on approved leave without pay receives full vacation credit for a month during which they are on pay status at least one-half the working hours of the month.
- Vacation credit shall not accrue for time on pay status in excess of the full time working hours in a month.
- 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. Scheduling of Vacation
Vacation leave shall be scheduled subject to the operational requirements of the University and in accordance with the following:
- Vacation credit shall not be used prior to the time it is accrued.
- An employee may request that an absence for illness, disability, or personal reasons (for example, special or religious holidays) be charged to vacation. An employee must exhaust their sick leave accruals before using vacation accruals for any unscheduled absence due to illness, injury, or disability (other than pregnancy disability) unless doing so is otherwise permitted by Article 22. Such request shall not be unreasonably denied.
- 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 they can accumulate. If an employee cannot schedule vacation due to operational considerations that employee shall have, on a one- time basis, an additional four (4) months within which they must take vacation to bring their accruals below the maximum. Vacation credits shall continue to accrue during this four (4) month period.
- Except as provided in Section I.2 below, an employee shall not be paid vacation for the same period that they are working and on pay status in the employee’s present position, or any other position paid by University funds.
- Vacation schedules may be established in each shop or work location, on the basis of seniority in an employee’s classification. An employee may split their 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 May 1 of the same year and April 30 of the following year. Requests submitted by March 30, will be reviewed and approved or denied by April 22. 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.
- Unscheduled vacation days may be granted subject to the operational requirements of the University, and should, to the extent possible, be requested at least four (4) work days in advance. Approval or denial of these unscheduled vacation days will be made as soon as possible but no later than four (4) work days.
- 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 may be reviewed by a designated University manager. Verification of the emergency may be required and, if required, must be submitted to the designated University manager prior to vacation payment authorization.
- Vacation schedules shall be posted in each shop or work location.
- An employee may use vacation from the date of accrual; however, no vacation shall be used prior to the time it has been accrued.
H. Transfer of Vacation
- 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.
- 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.
I. 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.