employees shall earn vacation for continuous state employment as follows:
a. Two unscheduled holidays to be added to
the vacation accrual each year.
Two weeks of vacation during the first and through the fourth year of
c. Three weeks of
vacation during the fifth and through the eleventh year of
d. Four weeks of
vacation during the twelfth year and through the nineteenth year of
e. Four and four-tenths
weeks of vacation during the twentieth year and through the twenty-fourth year
f. Five weeks of
vacation during the twenty-fifth and all subsequent years of
is subject to the following conditions:
Vacation shall be subject to the approval of the appointing authority. The
appointing authority shall approve vacation so as to maintain the efficient
operation of the agency; take into consideration the vacation preferences and
needs of the employee; and make every reasonable effort to provide vacation to
prevent any loss of vacation accrual.
b. Probationary and permanent part-time
employees shall accrue vacation in an amount proportionate to that which would
be accrued under full-time employment.
c. Vacation shall not accrue during any
absence without pay.
d. An employee
who is transferred, promoted, or demoted from one state agency to another shall
be credited with the vacation accrued.
e. Employees, including employees who are
paid from a pay plan having annual salary rates, who leave state employment for
any reason shall be paid, or have payment made according to law, for all
accrued vacation. Payment shall be included with the employee's final paycheck
and shall be based on the employee's total biweekly regular rate of pay at the
time of separation. When other pay is to be included in the calculation, that
other pay must have been in effect for at least three pay periods. Vacation
shall not be granted after the employee's last day of work.
f. An employee may, at the appointing
authority's discretion, be required to use all accrued vacation before being
granted any leave without pay, except as otherwise provided in these
g. Vacation shall be charged
on the employee's workday basis. Officially designated holidays occurring
during an employee's vacation shall not be counted against the employee's
h. In the event
of an illness or disability while on vacation, that portion of the vacation
spent under the care of a physician or physician assistant shall be switched
retroactively to and charged against the employee's accrued sick leave upon
satisfactory proof from the physician or physician assistant of the illness or
disability and its duration.
Vacation shall not be used in excess of the amount accrued, and shall not be
used until the pay period after it is accrued.
j. Vacation shall be cumulative to a maximum
of twice the employee's annual rate of accrual, including sick leave
conversion. An appointing authority may require an employee to take vacation
whenever it would be in the best interests of the agency. The employee shall be
given reasonable notice of the appointing authority's decision to require the
use of accrued vacation. However, an employee shall not be required to reduce
accrued vacation to less than 80 hours.
k. One week of vacation shall be equal to the
number of hours in the employee's normal, regular workweek.
l. Any employee who is laid off, or an
employee who separated due to qualification for long-term disability benefits
or an on-the-job injury or illness and subsequently returns to state employment
within two years following the date of separation, shall have previous
continuous service and the period of separation counted toward the vacation
n. Time spent in military
service, within the specified time limits of the military training and service
Act, shall be considered continuous service for the purpose of computing
vacation accrual, provided the employee returns to state service within 90
calendar days following discharge from military duty. Vacation shall not accrue
to an employee while on military leave without pay.
o. If on June 1 an employee has a balance of
160 or more hours of accrued leave, the employer may, with the approval of the
employee, pay the employee for up to 40 hours of the accrued annual leave. This
amount will be paid on the payday which represents the last pay period of the
fiscal year. Decisions regarding these payments will be made by each department
director and are not subject to the grievance procedure provided for in these