Human Resources Manual - CalHR

Human Resources Manual - CalHR
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:
Length of Service
Vacation Leave Accrual
7 months to 3 years
7 hours/month
37 months to 10 years
11 hours/month
121 months to 15 years
13 hours/month
181 months to 20 years
14 hours/month
241 months to 25 years
15 hours/month
301 months and over
16 hours/month
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:
Length of Service
Vacation Leave Accrual
7 months to 3 years
7 hours/month
37 months to 10 years
10 hours/month
121 months to 15 years
12 hours/month
181 months to 20 years
13 hours/month
241 months and over
14 hours/month
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:
Length of Service
Vacation leave Accrual
7 months to 3 years
8 hours/month
37 months to 10 years
11 hours/month
121 months to 15 years
13 hours/month
181 months to 20 years
14 hours/month
241 months and over
15 hours/month
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:
Bargaining Unit
Vacation Leave Cap
Temporary Extensions Authorized
1, 3, 4, 11, 14, 15, 17, 19, 20, 21 and related excluded
640 hours
760 hours until June 30, 2027
2 and related excluded
640 hours
768 hours until December 31, 2027
5 and related excluded
924 hours
1020 hours until June 30, 2026
Additional hours will be authorized pending final determination of PLP 2025 hours until June 30, 2027
No cap.
N/A
Excluded employees related with unit 6
640 hours
N/A
7, 8, 12, 13, 16, 18 and related excluded
640 hours
N/A
9 and related excluded
640 hours
768 hours until December 31, 2026
704 hours until December 31, 2027
10 and related excluded
640 hours
766 until June 30, 2028
Excluded employees not related with a Bargaining Unit
640 hours
760 hours until June 30, 2027
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
Not Applicable.
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
Email:
psb@calhr.ca.gov
Superseded Policies
Not Applicable.
History
View History
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Table of Contents
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1000 - Equal Employment Opportunity
1001 - Equal Employment Opportunity (EEO) Officer Role
1002 - Nondiscrimination Statements
1003 - Bilingual Services
1004 - Reasonable Accommodation for Pregnancy, Childbirth, or Related Medical Condition
1005 - Upward Mobility Program
1007 - Monitoring Qualifications Appraisal Panel Composition
1009 - Employee Demographic Data Collection
1010 - Discrimination Complaint Tracking System (DCTS)
1100 - Selection
1102 - Limited Three-Rank Model
1103 - Human Resources (HR) Liaison Training
1105 - Eligibility Withhold Process
1106 - Job Analysis (JA)
1107 - Limited Examination and Appointment Program (LEAP)
1108 - Steps in the Selection Process
1109 - Policy Resolution Process
1200 - Appointments
1201 - Student Assistants
1203 - Career Executive Assignments (CEA)
1204 - Nepotism
1205 - Military Seniority
1206 - Retired Annuitants
1207 - Hiring Preference for Student Assistants and Internships
1208 - Promotions in Place
1209 - Casual Employment
1210 - Special Consultant
1211 - Criminal History Background Checks
1212 - Temporary Appointments (TAU)
1213 - Unlawful Appointments
1214 - Extension of Probationary Periods
1215 - Rescinding a Job Offer/Refusing to Employ a Person Who Has Accepted an Offer of Employment
1216 - Non-testing Classifications
1217 - Intermittent Employees
1218 - Additional Appointments
1300 - Exempt Employees
1301 - Exempt Employee Salary
1302 - Exempt Lump Sum Payments
1303 - Exempt Out of Class Assignments
1400 - Benefits and Insurance
1401 - Health Benefits
1402 - Affordable Care Act
1403 - Dental
1404 - Vision
1405 - Domestic Partners
1406 - Consolidated Benefits (CoBen)
1407 - FlexElect
1408 - Consolidated Omnibus Budget Reconciliation Act (COBRA)
1409 - Health and Wellness
1410 - State Disability Insurance (SDI)
1411 - Non-Industrial Disability Insurance (NDI)
1412 - Industrial Disability Leave
1413 - Group Long Term Disability Insurance
1414 - Temporary Disability
1415 - Workers' Compensation
1416 - Workers' Compensation Administrative Time Off
1417 - Workers' Compensation Liability Between Departments
1418 - Employee Assistance Program
1419 - Group Legal Services Insurance
1420 - Basic Group Life Insurance
1421 - Supplemental Life Insurance
1422 - Other Post-Employment Benefits (OPEB) Prefunding
1423 - 25-Year State Service and Retirement Awards
1424 - Dependent Re-verification (DRV)
1425 - Bicycle Commuter Program
1426 - Universal Administrative Fees
1427 - Employer Notification Requirements on Premium Assistance Programs
1428 - Employer Notification Requirements – Consumer Coverage Disclosure for Employees in the State of Illinois
1500 - Work Schedules
1501 - Non-Standard Work Schedule Policy for Work Week Group E/SE
1502 - Flexible Work Arrangements
1503 - Alternate Work Week Schedule Policy for Work Week Group 2
1600 - Commute and Parking Programs
1601 - Third Party Pre-Tax Parking Reimbursement Account Program Policy
1602 - Mass Transit Commute Program
1603 - Vanpool Commute Program
1700 - Compensation
1701 - Pay Warrants
1702 - Arduous Pay
1703 - Timely Payment of Wages
1704 - Salary Upon Transfer to a Deep Class
1705 - Safety Footwear
1706 - Managerial Appointments
1707 - Hiring Above Minimum (HAM)
1708 - Computing Overtime
1709 - Seniority Calculations
1710 - Discretionary Salary Action Corrections
1711 - Furlough Program
1712 - Holiday Guidance
1713 - Overtime Compensation (Cash in Lieu of Benefits)
1714 - Part-time Employee Compensation
1715 - Compensation Request Policy
1716 - Timekeeping and Timesheet Submission
1800 - Savings Plus
1801 - Contribution Rates
1802 - Transfer Leave Credits and Catch-Up
1803 - Underfunded Savings Plus Accounts
1804 - Rehired Annuitants
1806 - Part-time, Seasonal, and Temporary Employees Retirement Program (PST)
1807 - Leave Buy-Back, Option to Transfer to Savings Plus 401(k) Plans Enhancement for Fiscal Year 2023/24
1900 - Bona Fide Associations
1901 - Bona Fide Associations Policy
2000 - Collective Bargaining
2001 - Union Notices
2002 - Confidential Designations
2003 - Delegated Agreements
2004 - Union Release Time Bank
2005 - Bulletin Boards
2006 - Decertification
2007 - State Bar Dues
2008 - Personal Services Contract Notices
2009 - Performance Appraisal and Individual Development Plan
2010 - Public Employee Communication
2100 - Leave
2101 - Leave Accounting
2102 - Annual Leave
2103 - Vacation
2104 - Leave Buy-Back
2105 - Sick Leave
2106 - Influenza Season
2107 - Family Medical Leave Act / California Family Rights Act
2108 - Family School Partnership Act
2109 - Holidays for Excluded Employees
2110 - Personal Holidays
2111 - Holiday Informal Time Off (ITO)
2112 - Professional Development Day
2113 - Personal Leave Program (PLP)
2114 - Voluntary Personal Leave Program (VPLP)
2115 - Bereavement Leave
2116 - Catastrophic Leave
2117 - Jury Duty
2118 - Military Leave
2119 - Mentoring Leave
2120 - Pregnancy Disability Leave
2121 - Administrative Time Off (ATO)
2122 - Leave of Absence
2123 - Parr Lawsuit Leave
2124 - Employee Leave Management
2125 - Volunteer Relief Leave Program
2126 - Absence Without Leave (AWOL)
2127 - Covid-19 Supplemental Paid Sick Leave 2022
2128 - National Disaster Medical System Leave
2129 - Reproductive Loss Leave
2130 - Wounded Warriors Transitional Leave Act - Sick Leave
2200 - Travel/Relocation
2201 - Travel and Relocation Policy
2202 - Mileage Reimbursement
2203 - Allowances and Travel Reimbursements
2300 - State Owned Housing
2301 - State Owned Housing (SOH) Policy
2400 - Employee Recognition
2401 - Employee Recognition Policy
2402 - HR Credentialing Program
2600 - Layoffs
2601 - Layoffs
2602 - State Restriction of Appointments (SROA)
2603 - Reemployment
2700 - Retirement
2701 - CalPERS Contribution Rates and Benefit Formulas
2702 - State Safety Retirement
2703 - Peace Officer/Firefighter Retirement (POFF)
2704 - CalPERS 1959 Survivor Benefit Program
2705 - Disability Retirement
2706 - Employer Notification Requirements – Social Security Requirement
2800 - Training
2801 - Leadership Training and Development Requirements
2900 - Workforce Planning
2901 - Workforce and Succession Plan Requirements
3000 - Examination and Hiring
3001 - State Application Filing Guidelines
3002 - Minimum Qualifications (MQs) Calculating Experience & Verification of MQs Prior to Appointment
3003 - Petitions to Participate in Examinations
3004 - Statement of Qualifications
3005 - Using 511B Form
3006 - Examination Announcements and Application Filing Guidelines
3007 - Anonymous Hiring
3100 - Drug-Free Workplace
3101 - Tobacco and Marijuana Use
3200 - Medical Screening
3201 - Controlled Substance Abuse Testing and Treatment Program
3202 - Pre-Employment Medical Examination Selection
3300 - Apprenticeships
3301 - Civil Service Traditional and Non-Traditional Apprenticeship Programs
3400 - Temporary Assignment
3401 - Training and Development Assignment
3500 - Classification Plan
3501 - Establishing and Revising Classification Specifications