Chapter 3.72
VACATION LEAVE

Sections:

3.72.010    Accrual of Vacation Leave.

3.72.020    Eligible Employees.

3.72.030    New Employees.

3.72.040    Vacation Carry-Over.

3.72.050    Use and Payment of Vacation Leave.

3.72.060    Payment for Vacation Leave Upon Separation.

3.72.010 Accrual of Vacation Leave.

A.    Regular full-time employees hired on or after January 1, 1983, shall be granted vacation benefits in accordance with the following schedule as of anniversary dates falling on or after the dates indicated, provided they are compensated at least 70 percent of their standard work hours per pay cycle:

During the Applicable Continuous Accruable

Paid Vacation

Year of Employment

Days

1st through 3rd year

12 days

4th through 7th year

16 days

8th through 13th year

20 days

14th through 18th year

23 days

An additional day per year to a maximum of 30 days per year.

B.    Effective January 1, 1982, employees who have earned and qualified for vacation leave that exceeds 30 days per year shall maintain the number of vacation days earned as of January 1, 1982. All other employees who are not qualified for 30 days as of January 1, 1983, shall maintain the number of vacation days earned as of January 3, 1983, then earn an additional day of vacation at the completion of every other year to a maximum of 30 days per year or until they are entitled to additional vacation day accrual as set forth in the schedule in subsection A. of this Section.

C.    The County Executive may authorize the accrual of vacation benefits in excess of the initial accrual rate in subsection A. above when such exception is based upon an applicant's possession of extraordinary qualifications or is required for recruitment purposes and if necessary to attract and hire highly qualified employees. Employees hired at a higher accrued rate shall be considered to be hired with the minimum eligibility and shall be eligible to advance to the next higher accrual level when they have been employed for the number of years required by subsection 3.72.010 A. By example, if hired at the 16 day accrual level, the employee would be eligible to move to the next higher accrual rate after four years of service. Such employees may not use vacation leave until they have completed 13 accruable pay cycles.

(Ord. 2008-106s § 1 (part), 2008; Ord. 2003-4 § 1, 2003; Ord. 98-123 § 1 (part), 1998; Ord. 83-5 § 4, 1983; Ord. 82-56 § 2 (part), 1982; prior Code § 6.40.010)

3.72.020 Eligible Employees.

A.    Employees occupying regular part-time positions shall be entitled to a pro-rata portion of vacation benefits based on hours compensated exclusive of overtime pay.

B.    Employees occupying regular full-time positions are eligible to accrue vacation leave benefits.

C.    The actual number of pay status hours reported in a pay cycle for an eligible employee must be at least 70 percent of their standard number of hours for the pay cycle to be considered an accruable pay cycle for earning vacation leave.

D.    One twenty-sixth of the eligible employee's yearly accruable vacation leave shall accrue upon the completion of each accruable pay cycle and shall be available for use once accrued.

E.    1.    Superior Court court reporters and judicial assistants in regular positions shall be entitled to such paid judicial leave as their judge and shall take their judicial leave when the judge schedules his or her vacation leave. The Superior Court administrator shall be entitled to paid judicial leave in an amount less than or equal to a Superior Court Judge, as determined by the Superior Court. Superior Court court reporters and judicial assistants shall not be subject to the other accrual or use provisions of this Chapter and no pay-off for unused vacation will be made upon termination.

2.    The District Court administrator shall be entitled to paid judicial leave in an amount less than or equal to a District Court judge, as determined by the District Court. The District Court administrator shall not be subject to the other accrual or use provisions of this Chapter and no pay-off for unused vacation will be made upon termination.

F.    The pro-rata number of vacation hours accrued per pay cycle by regular part-time employees shall be calculated by dividing the employee's standard weekly hours by five.

(Ord. 2009-102 § 1, 2009; Ord. 2008-106s § 1 (part), 2008; Ord. 98-123 § 1 (part), 1998; Ord. 97-49 § 1, 1997; Ord. 94-133 § 1, 1994; Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code § 6.40.020)

3.72.030 New Employees.

Vacation leave will not be payable to new eligible employees until they have completed 13 accruable pay cycles of employment. If they are separated prior to completion of the 13 pay cycles, no payment is due. Employees who separate on the last day of the 13th accrued pay cycle shall be eligible for payment of accrued vacation leave on separation providing such payment shall be accomplished during the 14th pay period. (Ord. 98-123 § 1 (part), 1998; Ord. 82-56 § 2 (part), 1982; prior Code § 6.40.030)

3.72.040 Vacation Carry-Over.

Eligible employees may carry over a maximum balance of vacation leave of 45 days per calendar year into the next calendar year. However, upon retirement or separation from County service, employees shall be paid for a maximum of 60 days accrued annual leave. Any accrued vacation leave above the maximum carry-over will be forfeited without compensation if not used before the end of the calendar year unless exception is granted under the provisions of PCC 3.72.050. A day of vacation leave is calculated by dividing the authorized standard weekly hours by five. (Ord. 2016-84 § 1 (part), 2016; Ord. 2000-16 § 1, 2000; Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code § 6.40.040)

3.72.050 Use and Payment of Vacation Leave.

It is the intent that employees take their accrued vacation leave during the calendar year. Employees who are unable to take accrued vacation leave for which they are eligible within the year due to work incurred disability or work requirements as determined by the department director that cannot be carried over as provided in PCC 3.72.040 shall, upon approval of the Human Resources Director, be allowed to carry over additional vacation leave provided it is used prior to July 1st of the following year and may not be cashed out in a lump sum payment due to termination. (Ord. 2016-84 § 1 (part), 2016; Ord. 2004-7s § 2 (part), 2004; Ord. 92-163 § 1 (part), 1993; Ord. 83-5 § 4, 1983; Ord. 82-56 § 2 (part), 1982; prior code § 6.40.060)

3.72.060 Payment for Vacation Leave Upon Separation.

Eligible employees shall be paid for their unused vacation leave days at their regular straight-time base hourly rate of pay plus longevity, if any, regardless of the reason for termination. If any employee is terminated because of death, the payment will be made to the employee's estate, or as otherwise provided by last will and testament, community property agreement or other binding document. The dollar amount of payment shall be computed by multiplying the number of accrued vacation leave hours times the employee's straight-time base hourly rate plus longevity, if any. (Ord. 92-163 § 1 (part), 1993; Ord. 83-33 § 2, 1983; Ord. 82-56 § 2 (part), 1982; prior Code § 6.40.070)