ARTICLE 11 - VACATIONS

Section 1.

  1. Beginning at the end of the first full payroll month (hereinafter in this Article "month") of employment, vacation leave with pay shall be credited to full-time employees at the end of each full month of employment, as follows: Length of continuous full-time "creditable service" as of the end of each applicable month.

    Vacation Leave Accrued
    Less than fifty-four (54) months. (4 ½ years)
    5/6 day per month (total of 10 days per year)

    Fifty-four (54) months, but less than one hundred fourteen (114) months. (4 1/2 to 9 1/2 years)
    1 1/4 days per month (total of 15 days per year)

    One hundred fourteen (114) months, but less than two hundred thirty-four (234) months. (9 1/2 to 19 1/2 years)
    1 2/3 days per month (total of 20 days per year)

    Two hundred thirty-four (234) months or more. (19 1/2 years) 2 1/12 days per month (total of 25 days per year)

  2. For determining vacation status under this Article, "creditable service" only shall be used. All service beginning on the first working day of the first full month in the institution 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 11 of this Article. In computing an employee's vacation status, all "creditable service" from the first working day in the Institution up to the end of each full month of service rendered shall constitute the "creditable service" which shall be used to establish vacation credit 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 during any month shall be credited on the last day of the month 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 for two (2) or more cumulative days in any month shall not accrue vacation leave for such month. Such month shall not be deemed to be "creditable service".

Section 5. A regular part-time employee who is absent without pay and/or on leave without pay for that number of hours that his/her service bears to the service of a full-time employee as described in Section 4, shall not accrue vacation leave for such month. Such month shall not be deemed to be "creditable service".

Section 6. An employee who is reinstated or reemployed after less than three (3) years shall have his/her prior service included in determining his/her continuous service for vacation purposes.

Section 7. The appointing authority shall grant vacation leave within twelve (12) months after it is credited, unless in the appointing authority's opinion it is impossible or impracticable to do so because of work schedules or emergencies. No employee shall carry more than sixty-four (64) days of vacation leave credit. An employee who has available unused vacation leave, and who because of the provisions of this Section of this Article would lose such vacation leave, shall have such vacation leave converted to sick leave on the last day of the month in which such vacation would be lost if not taken.

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. 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, not to exceed thirty-five (40) days, provided that no monetary or other allowance has already been made therefor.

Section 10. An employee who is eligible for vacation under these rules, whose services are terminated for any reason, excluding dismissal for cause, shall be paid an amount equal to the vacation leave that had been accrued prior to such termination but which had not been used, not to exceed thirty-five (40) days, provided that no monetary or other allowance had already been made therefor.

Section 11. An employee who is reinstated or reemployed 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 unless approval of the appointing authority is secured for any of the following reasons:

  1. Illness of the employee.
  2. Dismissal through no fault or delinquency attributable solely to the employee.
  3. Injury while in the service of the Commonwealth in the line of his/her duties and for which the employee would be entitled to receive Workers' Compensation benefits.

Section 12. 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 Institution, 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 13. An employee who is reinstated after military leave, as referred to in Section 12, 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 an employee in any full month of employment after he/she returns from military service.

Section 14. Vacation leave shall accrue to an employee while on a leave with pay status or on industrial accident leave.

Section 15. Vacation leave accrued following a return to duty after leave without pay or absence without pay shall not be applied retroactively against such leave of absence.

Section 16. Any employee who is on industrial accident leave, who has available unused vacation, 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 on the last day of the month in which such vacation would be lost if not taken.

Section 17. Any employee wishing to exercise his/her seniority for vacation preference must apply in writing at least sixty (60) days in advance of the first day requested. The appointing authority shall respond to this request in writing, indicating whether such vacation can be reasonably scheduled, at least forty-five (45) days in advance of the first day requested.


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