2102 - Annual Leave
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 about the Annual Leave Program (ALP).
- Identifies which position determines the annual leave accrual rate for an employee who holds more than one position.
- Explains the accumulation limits and rollover allowances for excluded and represented employees.
- Provides information on qualifying pay periods and breaks in service.
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 the ALP have more discretionary use of annual leave credits, whereas the Vacation/Sick Leave Program has separate vacation and sick leave accruals. The number of annual leave hours accrued for each qualifying pay period is based on the employee’s time base, months of state service, and whether they are represented or excluded.
Statement
Choosing to participate in either the ALP or the Vacation/Sick Leave Program 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.
Annual leave can be used to meet an employee's need for paid time off for any approved absence that is covered by sick leave or vacation. The advantages of annual leave are: (1) more discretionary leave each year; (2) has cash value upon retirement or separation from state service; (3) greater disability benefits in the event of a serious non-work-related injury or illness covered under Non-Industrial Disability Insurance by providing the option of replacing up to 100% of income through supplementation.
Eligibility
Employees that are eligible to participate in the ALP include the following:
- Managers, supervisors, confidential designations, and other excluded employees
- All rank-and-file employees
- Nonelected members of certain boards and commissions whose salaries are fixed by law (California Code of Regulations, title 2, section 599.752.1)
Statutory exempt employees are not eligible to participate in the ALP. Unless otherwise specified in the applicable Memorandum of Understanding, seasonal employees are not eligible to participate.
Part-time, permanent-intermittent, and limited term or temporary employees are eligible to participate in the ALP if their current appointment and Collective Bargaining Identifier (CBID) are in one of the eligible categories.
In order to receive an accrual each month, employees must work the required number of days as outlined below:
- Full-time employees: 11 or more working days in a monthly pay period.
- Part-time employees: at least that fraction of 11 or more working days that corresponds to the employee’s time base in a monthly pay period.
Annual leave credits are accrued on a pro rata basis to fractional time base employees on the first day of each monthly qualifying pay period. An intermittent employee must have 160 hours of paid employment to receive a qualifying monthly pay period and will accrue annual leave credits on the first day of each monthly qualifying pay period.
Enrollment
Upon hire, eligible employees may elect to enroll in either the ALP or the Vacation/Sick Leave Program. Departments are responsible for providing information to employees regarding their option to participate in the ALP 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 in to or out of the ALP.
All excluded and employees represented by BU’s 2, 5, 6, 7, 8, 9, 10, 12, 13, 16, 18, and 19, must remain in either the ALP or Vacation/Sick Leave Program for at least 24 months from the last date of election. Upon which, they will retain a continuous enrollment period until their next election.
Upon enrolling into the ALP, an employee’s vacation balance will be converted to an annual leave bank. The employee will begin accruing annual leave credits after each qualifying pay period.
Sick leave credits will no longer be accrued once enrolled in the ALP. Sick leave balances in existence at the time of enrollment will be maintained for use by the employee for approved sick leave purposes. Any sick leave on the books at the time of retirement will be converted to service credit at current retirement formulas (2,000 hours of sick leave converts to one year of CalPERS service credit).
Accrual
Full-time employees who have 11 or more working days of service in a monthly pay period shall earn annual leave credits as set forth below. Part-time employees shall receive credits on a pro rata basis upon completion of equal service to one full-time qualifying monthly pay period. Intermittent employees shall receive credits based on full-time rates once they have accumulated 160 hours or 20 days of service.
Accrual Chart for Managerial, Supervisory, Confidential, All Other Excluded Employees, and Board and Commission Members
| Length of Service | Annual Leave |
|---|---|
| 1 month to 10 years | 15 hours/month |
| 121 months to 15 years | 17 hours/month |
| 181 months to 20 years | 18 hours/month |
| 241 months to 25 years | 19 hours/month |
| 301 months and over | 20 hours/month |
Accrual Chart for Represented Employees in Bargaining Units 1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21
| Length of Service | Annual Leave |
|---|---|
| 1 month to 3 years | 11 hours/month |
| 37 months to 10 years | 14 hours/month |
| 121 months to 15 years | 16 hours/month |
| 181 months to 20 years | 17 hours/month |
| 241 months and over | 18 hours/month |
Note BU 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.
Accrual Chart for Represented Employees in Bargaining Unit 5, 6, and 8
| Length of Service | Annual Leave |
|---|---|
| 1 month to 3 years | 12 hours/month |
| 37 months to 10 years | 15 hours/month |
| 121 months to 15 years | 17 hours/month |
| 181 months to 20 years | 18 hours/month |
| 241 months and over | 19 hours/month |
Note BU 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.
Note BU 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
Annual leave requests must be submitted in accordance with established departmental policies. Subject to operational needs, requests shall not be unreasonably denied.
Annual leave can be used to meet an employee's need for paid time off for any approved absence that is covered by sick leave or vacation. California Labor Code section 233 allows for the use of sick leave for the reasons specified in Labor Code section 246.5. Most notable with this amendment, sick leave may be used for additional purposes related to domestic violence, sexual assault, or stalking as defined under the law. Additionally, sick leave may be used for certain family members that were not previously covered by the law. An employee’s family members include:
- Children (biological, adoptive, foster, step, legal ward, or to whom the employee stands in the place of a parent);
- Parents (biological, adoptive, foster, step, legal guardian of the employee or the employee’s spouse or registered domestic partner, or a person who stood in the place of a parent when the employee was a minor child);
- Spouse or registered domestic partner;
- Grandparents;
- Grandchildren; and
- Siblings
Employees represented by BU 1, 3, 4, 7, 10, 11, 14, 15, 17, 19, 20, and 21 may use annual leave in 15-minute increments.
Employees represented by BU 2, 9, and employees who are excluded from bargaining, may use annual leave in 30-minute increments.
Employees represented by BU 5, 6, 8, 12, 13, and 18 may use annual leave in accordance with their department’s established policy and procedure.
Multiple Positions
Employees shall not accrue more than one full-time annual leave 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 annual leave accrual for each qualifying pay period. For instance, if the employee’s primary position has a time base of half-time, the employee’s annual leave 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 annual leave but cannot accrue more than they would have as a full-time employee.
Where annual leave is earned in both positions, the departments must coordinate and ensure the correct amount of annual leave is deducted and accrued. Departments must audit the employees’ annual leave balances once each year during the anniversary month of the additional/intermittent appointment. The employee may use accrued annual leave in any position where leave is earned.
Accumulation Limit/Rollover
Employees may carry over their annual leave 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 employee’s supervisor should notify and meet with the employee in July so they may plan to use their leave before reaching the cap. A notifications should also be provided to the employee by July 1 informing the employee that if they fail to take off the required number of hours by January 1, the appointing power will require them to take the time off work, unless one of the exemptions below are applicable.
The appointing power may permit an excluded employee to carry over annual leave credits more than the prescribed maximum if the employee was prevented from taking annual leave time due to the following reasons:
- They were required to work as a result of fire, flood or other emergency; or
- Absent on full salary for compensable injury.
For represented employees, the appointing power may permit them to carry over annual leave credits more than the prescribed maximum for various reasons. Please refer to the employee’s MOU for a list of applicable reasons.
| Bargaining Unit | Annual Leave Cap | Temporary Extensions Authorized |
|---|---|---|
| 1, 3, 4, 11, 14, 15, 17, 19, 20, 21 and associated excluded | 640 hours | 760 hours until June 30, 2027 |
| 2 and associated excluded | 640 hours | 768 hours until December 31, 2027 |
| 5 and associated excluded | 924 hours | - 1020 hours until June 30, 2026 - Additional hours will be authorized pending GSI amount until June 30, 2027. |
| 6 | No cap | N/A |
| Excluded employees associated with unit 6 | 640 hours | N/A |
Exceptions to leave cap limits are allowed in rare instances and must be approved, in advance, by the director of the Department of Human Resources.
Break in Service
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) shall commence to receive annual leave credit on the first day of the monthly pay period following completion of one qualifying monthly pay period of service.
An employee who has accrued annual leave, upon separation from state service without fault on the employee’s part, is entitled to lump sum payment for the unused annual 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 annual leave, upon separation from state service through fault on the employee’s part, is entitled to lump sum payment for the unused annual leave. This lump sum shall be based on actual accumulated time without projection as provided above.
Application
Not Applicable.Authorities
- Bargaining Contracts - MOUs
- California Code of Regulations, title 2, section 599.742
- California Code of Regulations, title 2, section 599.742.1
- California Code of Regulations, title 2, section 599.745
- California Code of Regulations, title 2, section 599.745.1
- California Code of Regulations, title 2, section 599.752
- California Code of Regulations, title 2, section 599.752.1
- California Code of Regulations, title 2, section 599.752.2
- California Code of Regulations, title 2, section 599.752.3
- California Code of Regulations, title 2, section 599.753
- Government Code sections 19858.3 to 19859
- Labor Code section 233
- Labor Code section 245.5
- Labor Code section 246.5
Resources
FAQs
- Annual Leave: Frequently Asked Questions
Forms
- CalHR 875: Annual Leave-Sick/Vacation Leave Election Form
Related Policies
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
Not Applicable.History
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