AFSCME 2005-2008 Contract

ARTICLE 13 - VACATION

Section 1.

A. Vacation leave with pay shall be credited to full-time employees at the end of each payroll period. The rate of accrual shall be as follows:

Length of continuous full-time "Creditable service" as of the end of each applicable month	Vacation Leave Accrued Unit I	Vacation Leave Accrued Unit II
Less than fifty-four (54) months (less than 4 ½ years)	6.25 hrs 5/6 days per month (10 days/year)	6.75 hrs 5/6 days per month (10 days/year)
Fifty-four (54) months, but less than one hundred fourteen (114) months (4 ½ - 9 ½ years)	9.50 hrs 1.25 days per month (15 days/year)	10.00 hrs 1.25 days per month (15 days/year)
One hundred fourteen (114) months, but less than two hundred thirty-four (234) months (9 ½ - 19 ½ years)	12.50 hrs 1 2/3 days per month (20 days/year)	13.50 hrs 1 2/3 days per month (20 days/year)
Two hundred and thirty-four months (234) or more (19 ½ or more years)	15.75 hrs 2 1/12 days per month (25 days/year)	16.75 hrs 2 1/12 days per month (25 days/year)

B. For determining vacation status under this Article, “creditable service” shall be used. All service beginning on the first working day of the first full payroll month at the College where rendered, and all service thereafter becomes “creditable service” provided there has not been any break of three (3) years or more in such service as referred to in Section 12 of this Article. In computing an employee’s vacation status, all “creditable service” from the first working day at the College up to the end of each full month of service rendered shall constitute the “creditable service” which shall be used to establish vacation credits for such month. Anything in the foregoing to the contrary notwithstanding, an employee shall, on the effective date of this Agreement, be deemed to have that “creditable service”, if any, which he/she had at the termination of the predecessor Agreement.

Section 2.

A regular part-time employee shall be granted vacation leave in the same proportion that his/her part-time service bears to full-time service.

Section 3.

Vacation leave accrued shall be credited on the last day of the pay period based on the employee’s full-time equivalent status on that date and shall be available for use the following day.

Section 4.

A full-time employee, on leave without pay and/or absent without pay shall not accrue vacation leave credit for that portion of time that he/she is on leave without pay.

Section 5.

A part-time employee, on leave without pay and/or absent without pay shall not accrue vacation leave credit for that portion of time that he/she is on leave without pay.

Section 6.

An employee who is reinstated or re-employed after less than three (3) years shall have his/her prior service included in determining his/her continuous service for vacation purposes.

Section 7.

An employee may request vacation leave when it becomes available. Vacation leave requests shall be granted unless in the CEO’s opinion it is impossible or impracticable to do so because of work schedules or emergencies. The CEO shall make reasonable efforts to insure that an employee, having requested vacation leave, is granted such leave in order to prevent the loss of earned vacation credits.

An employee wishing to exercise his/her seniority for vacation preference must apply in writing not more than sixty (60) calendar days nor less than forty-five (45) calendar days in advance of the first day requested. (An employee wishing to file such request earlier than sixty (60) days prior to the first day requested, may do so but preference will be determined as of the 45th day in advance of the first day requested.) The CEO shall respond to this request in writing, indicating whether it can reasonably schedule such vacation, at least thirty (30) calendar days in advance of the first day requested.

When vacation requests are submitted less than forty-five (45) calendar days in advance such requests shall be processed in the order in which they are received without regard to seniority. Responses shall be given to unit members in writing within seven (7) calendar days of date of receipt of such request.

No employee shall carry vacation leave credit of more than 480 hours for Unit members in Unit I and 512 hours for Unit members in Unit II.

An employee who has available unused vacation leave, and who because of the provisions of Section 7 of this article would lose such vacation leave, shall have such vacation leave converted to sick leave as of the accruals at the end of the last pay period in April and October of each year.

Section 8.

Absences on account of sickness in excess of the authorized sick leave provided in this Agreement (or for personal reasons not provided for under said sick leave provisions), may be charged, unless otherwise notified by the employee, to personal leave, if any, then to vacation leave, if any.

Section 9.

Charges to vacation leave credit may be allowed in units of one-half (1/2) hour.

Section 10.

Upon the death of an employee who is eligible for vacation under this Agreement payment shall be made in an amount equal to the vacation leave which had been accrued prior to the employee’s death but which had not been used by the employee up to the time of his/her separation from payroll, provided that no monetary or other allowance has already been made therefor. The CEO shall authorize payment of such compensation upon the establishment of a valid claim therefor, in the following order of precedence:

First: To the surviving beneficiary, or beneficiaries, if any, lawfully designated by the person under the State Employee’s Retirement System;

Second: If there be no such designated beneficiary, to the estate of the deceased.

Section 11.

An employee who is eligible for vacation under these rules, whose services are terminated for any reason, shall be paid an amount equal to the vacation that had been accrued prior to such termination but which had not been used, up to a maximum of 480 hours for Unit members in Unit I and 512 hours for Unit members in Unit II, provided that no monetary or other allowance had already been made therefore.

Section 12.

An employee who is reinstated or re-employed shall be entitled to his/her vacation status at the termination of his/her previous service; provided, however, that no credit for previous service may be allowed where reinstatement occurs after absence of three (3) years.

Section 13.

An employee who is granted a leave of absence to enter service in the Armed Forces of the United States, under the provisions of Chapter 708, Acts of 1941, as amended, and who, upon honorable discharge from such service in said Armed Forces, returns to the service of the College, shall be paid an amount equal to the vacation leave which had been accrued prior to his/her entry into such service in said Armed Forces but which had not been used prior to military leave, provided that no monetary or other allowance has already been made therefor.

Section 14.

An employee who is reinstated after military leave, as referred to in Section 13, may be granted vacation allowance up to the equivalent of twelve (12) months’ accrual as of the date on which he/she returned or returns, provided, that prior to such military leave, vacation had not been used or compensation paid in lieu thereof for the same year. Neither the above usage, nor absence due to military leave, shall in any way affect vacation credits accrued by such employee in any full payroll month of employment after he/she returns from military service.

Section 15.

An employee on leave with pay (excluding an employee on an extension of sick leave in accordance with Article 12) shall accumulate vacation leave credits.

Section 16.

Vacation leave accrued following a return to duty after leave without pay or absence without pay shall not be applied against such leave or absence.

Section 17.

Vacation status previously earned by an employee while in the employ of the Commonwealth or any of its cities, towns or municipalities prior to employment as a member of the bargaining unit shall be retained by such employee, provided that no break in service of three (3) years or more occurred between termination of such prior employment and the commencement of employment by the College. An employee in order to retain such previously earned status must submit to the CEO, within thirty (30) calendar days of employment, evidence attesting to such prior employment and such status.