2103 - Vacation

Category

Leave

Audience List

• Employee Relations Officers
• Labor Relations Officers
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This policy

• Provides eligibility, enrollment, accrual, usage, and accumulation information for the Vacation/Sick Leave Program.
• Identifies which position determines the vacation accrual rate for an employee who holds more than one position.
• Explains the accumulation limits and rollover allowances for an excluded and represented employee.
• Provides information on qualifying pay periods and breaks in service.
• Examines the Partial Service Retirement Act and its effect on employee’s vacation credits.

Introduction

Eligible state employees have the option to enroll in either the Vacation/Sick Leave Program or the Annual Leave Program (ALP). Employees enrolled in Vacation/Sick Leave Program receive separate vacation and sick leave accruals, whereas employees enrolled in annual leave do not receive a separate sick leave accrual. The number of vacation hours accrued each qualifying pay period is based on the employee’s time base, months of state service, and whether represented or excluded. For more information on annual leave, reference the Annual Leave Policy Statement.

Statement

Choosing to participate in either the Vacation/Sick Leave Program or the ALP is a voluntary and personal choice made by each eligible employee. An employee should carefully evaluate the leave programs to determine which better addresses individual needs.

Eligibility

In order to receive an accrual each month, employees must work the required number of days as outlined below, based on their time base: 

• Full time: 11 or more working days in a monthly pay period. 
• Part-time: at least that fraction of 11 or more working days that corresponds to the employee’s time base in a monthly pay period. 

Vacation credits are accrued on a pro rata basis to fractional time base employees on the first day of each monthly qualifying pay period upon completion of six continuous qualifying pay periods. An intermittent employee must have 160 hours of paid employment to receive a qualifying monthly pay period and will accrue vacation credits on the first day of each monthly qualifying pay period upon completion of 960 hours of paid employment.

Enrollment

Upon hire, eligible employees may elect to enroll in either the Vacation/Sick Leave Program or the ALP. Departments are responsible for providing information to employees regarding their option to participate in the Vacation/Sick Leave Program and when and how to change their election. Information provided to the employee should include the differences between the programs, including impact on Non-Industrial Disability Insurance (NDI) claims. It is recommended that employees who elect to participate in either program receive confirmation of their election. The election form and copies of any other information provided to the employees regarding the program should be kept in the employee’s Official Personnel File (OPF).

After the initial election, represented employees in Bargaining Units (BU) 1, 3, 4, 11, 14, 15, 17, 20, and 21 are subject to an open enrollment period. Open enrollment occurs each April 1 through April 30, and enrollment changes are effective the first day of the June pay period. During the open enrollment period, employees may elect to opt into or out of the program.
Excluded and employees represented by BU's 2, 5, 6, 7, 8, 9, 10, 12, 13, 16, 18, and 19 maintain a continuous enrollment eligibility period. Employees must remain in either the ALP or Vacation/Sick Leave Program for at least 24 months from the last date of election.

Upon enrolling into the Vacation/Sick Leave Program, an employee’s annual leave balance will be converted to a vacation leave bank. The employee will begin accruing vacation/sick leave credits after each qualifying pay period. If an employee elects to enroll into the ALP, their vacation leave balance will be converted into an annual leave bank and their sick leave will remain in their sick leave bank.  

Accrual

Managers, Supervisors, Confidential, Excluded, and Board and Commission Members

On the first day of the monthly pay period following the completion of six qualifying pay periods, eligible employees working full-time shall accrue 42 hours of vacation leave credit. Thereafter, for each additional qualifying pay period the employee shall accrue vacation leave credits in accordance with the following schedule:

Note: Most statutory exempt employees are not eligible to participate in the Vacation and Sick Leave Program. 

Represented Employees in Bargaining Units 1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21

On the first day of the monthly pay period following the completion of six qualifying pay periods, eligible employees working full-time shall accrue 42 hours of vacation leave credits. Thereafter, for each additional qualifying pay period, the employee shall accrue vacation leave credits in accordance with the following schedule: 

Represented Employees in Bargaining Unit 7

Notwithstanding the above, the accruals for the July pay period shall be reduced by two (2) hours. The two (2) hours shall be credited toward the Union Release Time Bank.

Represented Employees in Bargaining Units 5, 6, and 8

On the first day of the monthly pay period following the completion of six qualifying pay periods, eligible employees working full-time shall accrue 48 hours of credit for vacation with pay. Thereafter, for each additional qualifying pay period the employee shall accrue vacation leave credits in accordance with the following schedule:

Represented Employees in Bargaining Unit 6

Notwithstanding the above, the accruals for the November pay period shall be reduced by one (1) hour. The one (1) hour shall be credited toward the Union Release Time Bank.

Represented Employees in Bargaining Unit 8

Notwithstanding the above, the accruals for the August pay period shall be reduced by two (2) hours and the accruals for the February pay period shall be reduced by one (1) hour. The three (3) total hours shall be credited toward the Union Release Time Bank. 

Usage

Subject to operational needs, the time when vacation leave credits will be used by employees will be determined by both the employee and employer and should not be unreasonably denied. Vacation requests must be submitted in accordance with established departmental policies. 
Employees represented by BU 1, 3, 4, 7, 10, 11, 14, 15, 17, 19, 20, and 21 may use vacation leave in 15-minute increments.

Employees represented by BU 2, 9, and employees who are excluded from bargaining, may use vacation leave in 30-minute increments.

Employees represented by BU 5, 6, 8, 12, 13, and 18, may use vacation leave in accordance with their department’s established policy and procedure.

Multiple Positions

Employees holding multiple positions cannot accrue more than one full-time vacation accrual for each qualifying pay period. If the primary appointment has a time base of less than full-time, the hours worked in the additional/intermittent appointment shall be combined, not to exceed one full-time vacation accrual for each qualifying pay period. For instance, if the employee’s primary position has a time base of half-time, the employee’s vacation accruals will be based on their time base in the primary position. If the employee also has an additional/intermittent position, the employee will earn vacation but cannot accrue more than they would have as a full-time employee.

Where vacation is earned in both positions, the departments should coordinate and ensure the correct amount of vacation is deducted and accrued. Departments should audit the employees’ vacation balances once each year during the anniversary month of the additional/intermittent appointment. The employee may use accrued vacation in any position where leave is earned. 

Accumulation Limit/Rollover

Employees may carry over their vacation/annual hours to a maximum amount from year to year as detailed in the chart below in this section. If an excluded employee will be at the cap in the coming January, the supervisor must notify and meet with the employee in July so they may plan to use their leave before reaching the cap. Notifications should also be provided by July 1 that if the employee fails to take off the required number of hours by January 1, except for the reasons listed below in this section, the appointing power shall require the employee to take the time.

The appointing power may permit an excluded employee to carry over vacation credits more than the prescribed maximum if the employee was prevented from taking vacation time due to the following reasons:

• They were required to work as a result of fire, flood or other emergency;
• Assigned work of priority or critical nature over an extended period of time;
• Absent on full salary for compensable injury or;
• Prevented by the agency’s regulations from taking vacation until December and is then unable to take vacation because of sick leave usage.

For represented employees, the appointing power may permit them to carry over vacation credits more than the prescribed maximum for various reasons referenced in the applicable MOU. 

When an employee’s prior state service is verified and their vacation hours need to be adjusted accordingly, the additional credits that exceed the prescribed maximum must be used within one year following the qualifying monthly pay period in which credited.

Below is a chart detailing vacation leave caps and any temporary extensions that are currently being authorized:

Exceptions to leave cap limits are allowed in rare instances and must be approved by the appointing authority. 

Break in Service

An employee who returns to state service after an absence of six months or longer, caused by a permanent separation, will receive a one-time vacation leave credit on the first monthly pay period following completion of six qualifying pay periods of continuous service. The accrual rate shall be in accordance with the employee's total state service before and after the absence.

An employee who returns to state service after an absence caused by a temporary or permanent separation of less than six months, or an absence of six months or longer caused by a temporary separation (other than temporary Military Leave) will accrue vacation leave credits on the first day of the monthly pay period following completion of one qualifying monthly pay period of service after return.

An employee who has accrued vacation leave, upon separation from state service without fault on the employee's part, is entitled to lump sum payment for the unused vacation leave. This lump sum shall be computed by projecting the accumulated time on a calendar basis so that the lump sum will equal the amount which the employee would have been paid had they taken the time off but not separated from the state service.

An employee who has accrued vacation leave, upon separation from state service through fault on the employee's part, is entitled to lump sum payment for the unused vacation leave. This lump sum shall be based on actual accumulated time without projection as provided above.

Partial Service Retirement Act

The Partial Service Retirement Act is a voluntary program where full-time employees over the age of 62 can reduce their working hours and still remain active state employees. This act allows employees to reduce their worktime on a monthly basis, from no less than 20 percent to no more than 60 percent and also receive a partial retirement allowance. This employee may also receive benefits, including vacation, which is credited on a pro-rata basis on the first day of the monthly pay period, following a qualifying pay period. For example, a half time employee receives half of the hours of credit allowed per vacation group.

Application

Authorities

• Bargaining Contracts - MOUs
• California Code of Regulations, title 2, section 599.705.1
• California Code of Regulations, title 2, section 599.736
• California Code of Regulations, title 2, section 599.737
• California Code of Regulations, title 2, section 599.738
• California Code of Regulations, title 2, section 599.739
• California Code of Regulations, title 2, section 599.739.1
• California Code of Regulations, title 2, section 599.739.2
• California Code of Regulations, title 2, section 599.740
• California Code of Regulations, title 2, section 599.741
• California Code of Regulations, title 2, section 599.742
• California Code of Regulations, title 2, section 599.742.1
• Government Code section 19839
• Government Code sections 19856 to 19858.2

Resources

Forms

• CalHR 875: Annual Leave-Sick/Vacation Leave Election Form

Related Policies

• 2101: Leave Accounting
• 2124 - Employee Leave Management: 2124 -Employee Leave Management

Authorized By

Melissa Russell
Chief
Personnel Management Division

Contact Person

Personnel Services Branch
Personnel Program Consultant , Personnel Services Branch
Phone: 916-909-3702
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

History

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