2103 - Vacation

Category

Leave

Audience List

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

Synopsis

This policy

• Provides eligibility, accrual, enrollment and accumulation information for the Vacation/Sick Leave Program.
• Identifies which position determines the vacation accrual rate for an employee who has more than one intermittent position.
• Explains what happens when an excluded or represented employee has accumulated a vacation balance over maximum.
• 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 a separate vacation and sick leave accrual, 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

Participation in the Vacation/Sick Leave Program or the ALP is a voluntary and personal choice of each employee. An employee should carefully evaluate the leave programs to determine which better addresses individual needs.

Eligibility

To qualify for a full-time month, an employee must work 11 or more working days in a monthly pay period. In order for a part-time month to be a qualifying pay period, an employee must work at least that fraction of 88 hours (11 days) that corresponds to the employee’s time base. Vacation credits are to be given on a pro rata basis to fractional time base employees on the first day of every monthly qualifying pay period once six continuous qualifying pay periods have been completed. An intermittent employee must have 160 hours of paid employment to receive a qualifying monthly pay period and will receive vacation credits on the first day of every monthly qualifying pay period once 960 hours of paid employment has been met.

Enrollment

Upon hire, most employees may elect to enroll in either Vacation/Sick Leave Program or the Annual Leave Program (ALP). Departments are responsible for providing information to employees regarding their option to participate in the Vacation/Sick Leave and when and how to change their election. It is recommended that employees who have elected 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 personnel file.

After the initial election, 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 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 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.

Accrual

On the first day of the monthly pay period following the completion of six months qualifying pay periods, each eligible employee who is working full time shall be allowed 42 hours of credit for vacation with pay. Thereafter, for each additional qualifying pay period the employee shall receive credit for vacation with pay in accordance with the following schedules:

Accrual Chart for Managers, Supervisors, Confidential, Excluded, and Board and Commission Members

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

Note: Notwithstanding the above, in the July pay period BU 7 employees shall have their vacation leave rates reduced for each employee by no more than two hours.

On the first day of the monthly pay period following the completion of six months qualifying pay periods, each eligible employee who is working full time shall be allowed 48 hours of credit for vacation with pay. Thereafter, for each additional qualifying pay period the employee shall receive credit for vacation with pay in accordance with the following schedule:

Accrual Chart for Represented Employees in Bargaining Units 5, 6, and 8

Note: Notwithstanding the above, on the first day of the July pay period, BU 6 employees shall accrue one hour less of annual leave and shall have one hour credited toward the Union’s Release Time Bank.

Notwithstanding the above, on the first day of the August pay period BU 8 employees shall accrue two hours less of annual leave and shall have two hours credited toward the Union’s Release Time Bank. On the first day of the February pay period BU 8 employees shall accrue one hour less of annual leave and shall have one hour credited to the Union’s Release Time Bank.

The time when vacation credits will be used by employees will be determined by both the employee and employer.

Statutory exempt employees are not eligible to participate.

Usage

Employees represented by BU 1, 3, 4, 7, 9, 11, 14, 15, 17, 19, 20, and 21 may use vacation leave in 15-minute increments.

Employees represented by BU 2 and 5 may use vacation leave in 30-minute increments.

Employees represented by BU 6, 8, 10, 12, 13, and 18 and employees who are excluded from bargaining, may use vacation leave in accordance with their departments established policy and procedure.

Multiple Positions

When an employee is working in multiple intermittent positions that are: (1) designated in different bargaining units, (2) in different departments, and (3) each bargaining unit has negotiated a different rate for accruing vacation credits, the primary position determines the vacation accrual rate.

Accumulation Limit/Rollover

Per California Code of Regulations, title 2, section 599.752 excluded employees may accumulate the unused portion of vacation, provided that on January 1 of each calendar year, the excluded employee shall not have more than 80 annual leave days (640 hours). California Code of Regulations, title 2, section 599.742.1 provides that if an 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. Employees should also be notified on July 1 that if the employee fails to take the of 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.

Per California Code of Regulations, title 2, section 599.737 represented employees may accumulate the unused portion, provided that on January 1 of each calendar year, the employee shall not have more than 30 vacation days for 10 or less years of service or 40 vacation days for more than 10 years of service (refer to applicable Bargaining Unit for specific limits). In addition to the code above, refer to the appropriate Memorandum of Understanding (MOU) to determine maximum leave caps and carry over.

The appointing power may permit an excluded or represented employee to carry over more vacation credits 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;
• 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.

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.

Most State employees are subject to a vacation leave cap of 640 hours, except as identified below:

• Employees represented by BU 5 and related excluded employees may accrue up to 924 hours of vacation leave and shall be extended in the event the employer is not able to reduce balances for operational reasons for no less than the duration of the current MOU.
• Employees represented by BU's 9 and 10 and related excluded employees shall have the 640-hour cap increased by 192 hours, which is the equivalent number of PLP 2020 hours employees were subject to until June 30, 2025.

Exceptions to leave cap limits are allowed in rare instances and must be approved by the appointing authority. Reasons must be in compliance with the California Code of Regulations, title 2, 599.738 for excluded employees and the applicable MOU for represented employees.

Break in Service

An employee who returns to state service after an absence of six months or longer, caused by a permanent separation, shall receive a one-time vacation leave credit on the first monthly pay period following completion of six qualifying pay periods of continuous service 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 shall commence to receive vacation leave credit on the first day of the monthly pay period following completion of one qualifying monthly pay period of service after return.

Upon termination from state employment, the employee shall be paid for all accrued and unused vacation leave credits.

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 599.737
• 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 599.742.1
• Government Code section 19839
• Government Code sections 19856 to 19858.2

Resources

Forms

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

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

View History