KM Unit – ART. 17: Vacation

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: 

  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 full time 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 

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 they are 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 full time 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. Scheduling of Vacation 

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

  1. Vacation credit shall not be used prior to the time it is accrued.

  2. 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.

  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 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.
  8. Vacation schedules shall be posted in each shop or work  location.

  9. 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 

  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.

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.

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