Policy Number: RPM Section 2.08
Policy Name: Vacation Leave
Effective Date: 4/7/2011 (Last Revision Date: 1/2009)

  1. Purpose of This Policy
  2. Whom This Policy Impacts
  3. Roles and Responsibilities
  4. Definitions
  5. Policy
  6. Implementing Documents
  7. Contact Information
  8. Policy Change History

A. Purpose of This Policy

Lawrence Berkeley National Laboratory (the Laboratory) provides vacation leave to eligible employees for rest, relaxation, and renewal. Consistent with this objective, the Laboratory encourages employees to take their earned vacation leave each year.

B. Whom This Policy Impacts

1. The Laboratory provides vacation leave to employees who:

· Hold a Career, Term, Postdoctoral Fellow, Visiting Researcher, or Limited appointment; and

· Are appointed at 50 percent or more of full-time status for six or more months.

a. An employee holding such an appointment begins to accrue vacation leave at the start of his or her appointment.

b. If an employee eligible for vacation leave has his or her appointment reduced below 50 percent, the employee will no longer accrue vacation leave. Employees previously ineligible for accruing vacation leave due to part-time or short-term appointments become eligible for accruing vacation credit on the first day after six consecutive months of working 50 percent or more full-time status.

c. The following employee classifications are not eligible for accruing vacation credit: Faculty, Rehired Retiree, Graduate Student Research Assistant (GSRA), and Student Assistant.

d. Employees working variable-time schedules regardless of their employee appointment do not accrue vacation credit.

C. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

D. Definitions

WORD

DEFINITION

Full-time status

Full-time status is 40 hours per workweek.

Part-time status

Part-time status is fixed time set at a minimum of 20 hours per workweek, up to 39 hours per workweek.

Pay status

Any period of time for which an employee receives pay for time worked. This includes time on paid leave.

Senior Management Group (SMG) employee

Individuals whose Career appointment is in the SMG personnel program. SMG employees with a dual academic appointment at zero percent (0%) will be considered to possess a Career appointment in the SMG.

Variable-time status

A schedule with no fixed percentage of time or schedule. Hours worked will vary depending on operational needs.

E. Policy

1. Vacation Credit Accrual

a. Accrual Rates for Full-Time Eligible Employees

i. An employee accrues vacation leave based on (1) his or her appointment type; (2) years of qualifying service regardless of a break in service at the Laboratory, the University of California (UC or the University) including UC Hastings College of the Law, the state of California, a UC-managed U.S. Department of Energy (DOE) laboratory, or a California State University (CSU); and (3) hours on pay status. On-call and overtime hours are not included for the purpose of computing the amount of vacation leave accrued.

ii. The vacation leave accrual rates set forth below are based on full-time status:

Years of Qualifying Service

Approximate Number of Hours Accrued Per Month

Approximate Vacation Days Accrued Per Month

Approximate Vacation Days Accrued Per Year

Fewer than 10

10

1.25

15

10 but fewer than 15

12

1.50

18

15 but fewer than 20

14

1.75

21

20 or more

16

2.00

24

b. Accrual Rates for Eligible Full-Time Senior Management Group (SMG) Employees
Refer to UC’s Senior Management Group Vacation Leave Policy.

c. Accrual Rates for Part-Time Employees

Eligible employees appointed at less than full-time status accrue vacation leave on a prorated basis that corresponds with the hours they are scheduled to work.

d. Accrual Basis

Vacation credit accrual is based on five eight-hour days per week. Employees receive vacation credit accrual during leave with pay, except during extended military leave and professional research or teaching leave.

e. Short Month’s Work

An employee in a pay status consisting of at least half the working hours of a month (including holidays) accrues vacation credit at the normal rate. An employee in a pay status consisting of less than half the working hours of a month accrues vacation credit on a prorated basis according to the number of hours worked in that month. Full-time employees accrue vacation credit in accordance with the table above. Part-time employees accrue vacation on a prorated basis.

f. When Vacation Leave Is Credited

Accrued vacation leave is credited and available for use on the next working day following the month in which it was accrued, except that eligible separating employees earn proportional vacation leave through their last day on pay status.

g. Vacation Credit of Transferring Employees

i. Transfers between the Laboratory and Other UC Locations

1. UC employees who transfer from another UC location to the Laboratory without a break in service will have their accumulated vacation credit transferred, up to the maximum credit allowed by this policy. Any accumulated vacation credit in excess of that maximum credit will be paid to the employee in a lump sum at the rate that applied to the employee prior to the transfer from the UC location.

2. Laboratory employees who transfer into a staff position at another UC location, without a break in service, will have their accumulated vacation credit transferred.

3. Laboratory employees who transfer into an academic position at another UC location will have their accumulated vacation credit paid out to the employee. Per UC Academic Personnel Manual (APM 730-0), academic appointees do not accrue vacation.

4. UC employees hired at the Laboratory in a non-SMG position will accrue vacation credit based on the table above, including UC employees who were classified as (1) Professionals and Support Staff and in the Administrative and Professional Staff Program as of June 30, 1996, or (2) Managers and Senior Professionals (MSP) immediately prior to being hired at the Laboratory.

5. UC employees hired at the Laboratory in SMG positions will accrue vacation according to the UC Vacation Leave policy for SMG employees.

ii. Transfer between Laboratory Divisions

The vacation credit of employees is usually not affected by transfer between Laboratory divisions.

iii. Transfer from a Vacation-Eligible Employee Classification to a Non-Vacation-Eligible Employee Classification

When an employee transfers from a benefit-accruing classification to a non-benefit-accruing classification, any vacation credit he or she may possess on the effective date of the change will be paid in a lump sum at the rate that applied to the employee prior to the change.

h. Employee Vacation Advancement

Up to two days' advance use of vacation credit accruals for the months of December may be used to facilitate the implementation of Christmas/New Year's holiday closures. This applies only to employees who have not had sufficient time to accrue adequate vacation balances.

i. Vacation Accrual While on Leave of Absence

An employee continues to accrue vacation leave while on a Laboratory-paid leave of absence. However, employees do not accrue vacation leave during any unpaid leave of absence.

j. Maximum Vacation Leave Accrual Limit

Vacation leave may be accrued up to a maximum of two times an employee’s annual accrual rate.

Once an employee reaches maximum accrual, no additional vacation leave may be accrued until the employee’s vacation leave balance falls below the maximum.

Years of Qualifying Service

Maximum Vacation Leave Accrual Limit in Hours

Maximum Vacation Leave Accrual Limit in Days

Fewer than 10

240

30

10 but fewer than 15

288

36

15 but fewer than 20

336

42

20 or more

384

48

k. Scheduling a Vacation

i. An employee may not use vacation leave before it is accrued.

ii. Employees will coordinate their vacation leave in advance with their division. Employees must provide their supervisors with reasonable notice of at least one week in advance of the need to take time off from work for any reason when the need for leave is foreseeable. This notice must include the expected length of the vacation to ensure that their absence does not conflict with the needs of the division.

iii. Vacation Leave Pay Rate

An employee’s vacation leave pay rate is the rate of pay in effect at the time the leave is taken, not the rate of pay in effect when the vacation leave was accrued.

l. Use of Sick Leave While on Vacation

See RPM 2.09(D)(5) (Use of Sick Leave During Vacation Periods).

m. Use of Vacation While on Laboratory Travel

See RPM 11.08 (Travel Policy, Section 1.6 (Combining Personal/Vacation Days with Business Travel).

n. Use of Vacation Credit for Other Leaves

Although the purpose of vacation leave is rest and relaxation, employees may use accrued vacation for personal or family illness or disability, or for other personal reasons. To the extent an employee seeks to use vacation leave in connection with a family-, medical- or disability-related absence, the Laboratory may require certification supporting the employee’s request for leave.

o. Use of Vacation Credit on an Unpaid Leave

An employee on an otherwise unpaid leave of absence may not use vacation leave on an intermittent basis. Employees separating from Laboratory employment may not use vacation leave after their last day of work for any type of separation other than retirement. Retiring employees may schedule vacation leave between their last day of work and the effective date of retirement.

p. Vacation Pay Restrictions

An employee will not be paid for vacation earned in one University position while on pay status in any other position paid through University-administered funds. This does not apply to vacation payment in the case of a transfer of an employee between University contracts or fund sources.

q. Return to Work

An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of the approved leave. If an extension is desired, the employee should request this from his/her supervisor in advance of the expected date of return.

An employee who unexpectedly cannot return to work on the next regularly scheduled workday following the expiration of the approved leave of absence must notify his/her supervisor as soon as possible to explain the reason for the absence.

Failure to return to work after an approved leave of absence without supervisory approval for the extension of leave is considered an unauthorized absence. Five consecutive workdays of unauthorized absence constitutes job abandonment and may lead to disciplinary action. See RPM 2.05(L) (Unauthorized Absences and Job Abandonment).

r. Payout of Vacation Credit

i.  An employee will be paid for any unused vacation leave accrued through his or her last day on pay status following:

· Separation of employment from the Laboratory

· An extended unpaid military leave

ii. An employee whose change of status from a vacation-eligible employee classification to a non-vacation-eligible employee classification will be paid for any unused vacation credit he or she accrued as of the effective date of the change. The vacation credit will be paid in a lump sum at the rate that applied prior to the change in status.

s. Misuse of Leave

Misrepresenting reasons for requesting time off, including but not limited to misrepresentations that could lead to concerns of conflict of interest and/or fraud, may result in disciplinary action, including suspension without pay and/or termination from employment.

An employee on an unpaid leave of absence may not use vacation leave on an intermittent basis for purposes of eligibility for holiday pay and employer-paid contributions toward benefits.

Individuals on approved leaves of absence for which a medical certification is required may jeopardize their right to leave benefits and/or their continued employment by engaging in activities that are incompatible with the medical certification submitted in support of the leave.

t. Exceptions to the Laboratory Vacation Leave Policy

Requests for vacation leave that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. Any request for an exception to policy requires, at minimum, the Chief Human Resources Officer (CHRO) approval.

F. Implementing Documents

LBNL Staff


· Part-Time Employees Vacation Accrual Schedule

· Transferring Vacation Balance from UC Location to LBNL Information Sheet

· Transferring Vacation Balance from LBNL to UC Location Information Sheet

HR Staff

· Understanding the Vacation Leave Policy

· Transferring Vacation Balance from UC Location to LBNL

· Transferring Vacation Balance from LBNL to UC Location

· Vacation Balance Transfer Smartsheet

G. Contact Information

For information regarding this policy, contact your Division’s HR Center.

Do you have feedback or questions regarding this policy? Contact hrpolicies@lbl.gov.

H. Policy Change History

As a result of the issuance of this policy, the following documents are rescinded as of the effective date of this policy and are no longer applicable:

· RPM Section 2.08 Vacation Leave Policy (effective January 2009).

Printed . The official or current version is located in the online LBNL Regulations and Procedures Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.

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