Article Eight — Holidays, Vacations and Personal Days

Table of Contents

8.1 Holidays.

8.1.1 Designation

Regular Full-Time Employees will be entitled annually to the following holidays:

New Year's Day (January 1) Independence Day (July 4)
Martin Luther King Jr.'s Birthday Labor Day
President's Day Thanksgiving Day
Memorial Day Christmas Day (December 25)

Regular Part-Time Employees will receive a pro rata benefit under this Section.

8.1.2 Entitlement

The Employer shall have the right, at its sole discretion, to require any Employee to work on any of the holidays herein specified.  The Employer will, consistent with the needs of the Employer, distribute holidays off on an equitable basis.

8.1.2.1 Employees Working Five-Day (5) Workweek

.  If a holiday falls on an Employee's regularly scheduled day off, the Employee shall receive a day off at the regular compensation rate or, at the option of the Employer, receive an additional day's pay.  If a holiday falls during an Employee's vacation, the vacation may be extended by one day or, at the option of the Employer, the Employee may receive a day off at the Employee's regular compensation rate.  An Employee must work the scheduled workday before and the scheduled workday after a paid legal holiday or day in lieu thereof in order to be eligible for holiday or personal day pay, unless the Employee is on pay status, e.g., sick leave, on such day before or day after.

8.1.2.2 Employees Working Four-Day (4) or Three-Day (3) Workweek

If a holiday falls on an Employee's regularly scheduled day off, the Employee shall receive seven and one-quarter (7.25) hours off at the regular compensation rate or, at the option of the Employer, receive an additional seven and one-quarter (7.25) hours' pay.  An Employee must work the scheduled workday before and the scheduled workday after a paid legal holiday or day in lieu thereof in order to be eligible for holiday or personal day pay, unless the Employee is on pay status, e.g., sick leave, on such day before or day after.

8.1.3 Pay or Equivalent Time Off.

8.1.3.1 Employees Working Five-Day (5) Workweek.

An Employee who is not scheduled to work on a holiday will be paid at the Employee's regular compensation rate.  An Employee who is scheduled to work on any of the Holidays set forth in Section 8.1.1, shall be paid for work performed on that day at the rate of two (2) times the Employee's regular compensation rate or, at the Employee's option, by compensatory time off on a two-hour (2) per hour worked basis, and in addition an additional day's pay for the Holiday at the Employee's regular compensation rate.  An Employee who works five and one-quarter (5.25) hours on a holiday is treated for the purposes of this Section 8.1.3.1 as having worked seven and one-quarter (7.25) hours.

8.1.3.2 Employees Working Four-Day (4) or Three-Day (3) Workweek Schedule.

An Employee who is not scheduled to work on a holiday which falls on the Employee's scheduled workday will be paid for seven and one-quarter (7.25) hours' work at the Employee's regular compensation rate.  Any compensated holiday time, however, will not be considered as a basis for overtime pay if it falls on an Employee's regularly scheduled day off.  An Employee who is scheduled to work on any of the Holidays set forth in Section 8.1.1, shall be paid for work performed on that day at the rate of two (2) times the Employee's regular compensation rate for the actual number of hours worked or, at the Employee's option, by compensatory time on a two-hour (2) per hour worked basis and, in addition, an additional seven and one-quarter (7.25) hours' pay for the Holiday at the Employee's regular compensation rate.  An Employee who works five and one-quarter (5.25) hours on a holiday is treated for the purposes of this Section 8.1.3.2 as having worked seven and one-quarter (7.25) hours.

8.2 Vacation.

8.2.1 Amount.

After six (6) months of employment, Regular Full-Time Employees working five-day (5) or three-day (3) workweek schedules, shall accrue paid vacation credit at the rate of 2.789 hours (2.847 hours for Employees working four-day (4) workweek schedules) for each two-week (2) pay period worked retroactive to the date of employment. Vacation time must be earned before it can be taken.

Regular Full-Time Employees working five-day (5) or three-day (3) workweek schedules, after two (2) years of full-time service with the Employer, shall accrue paid vacation credit at the rate of 4.183 hours (4.270 hours for Employees working four-day (4) workweek schedules) for each two-week (2) pay period worked.

Regular Full-time Employees working five-day (5) or three-day (3) workweek schedules, after three (3) years of full-time service with the Employer, shall accrue paid vacation credit at the rate of 5.577 hours (5.692 hours for Employees working four (4) day workweek) for each two-week pay period worked.

A Regular Part-Time Employee will receive a pro rata benefit under this Section.

8.2.2 Entitlement.

The vacation eligibility year shall be based on the Employee's Anniversary Date. No unpaid absences shall be deemed or considered as time worked in computation of vacation pay. Where an Employee has been absent without pay, the vacation pay shall be prorated on a percentage basis, i.e., the Employee shall receive pro rata vacation time off with pay, based on the percentage of actual time worked during the applicable year to regularly scheduled working time.

8.2.3 Scheduling.

The vacation period will be the entire calendar year, subject to the Employer's needs as determined by the Employer. An Employee will, subject to the Employer's operating requirements, have his or her choice of vacation time, it being recognized, however, that vacations must be scheduled by the Employer in a manner designed to ensure the effective and efficient operation of the Employer.

Vacations shall normally be taken in the year in which accrued, but a maximum total of six (6) weeks may be accrued at any time, after which no further vacations will accrue.

Early planning and selection of vacation periods is necessary to avoid last minute changes and to maintain coverage. Requests for vacation time shall be submitted in writing to the Employer on such advance date as established by the Employer.

Seniority, as applied within the Region/Program (provided that an LPN who is an elected delegate to a Union Convention shall have first option for that date within the vacation quota) will apply to vacation time selections but will be subject to the Employer's operating requirements.  Vacation schedules will be posted in March, July and November of each year at least three (3) months prior to the start of the applicable vacation period.  An Employee may request a change in his or her schedule at least two (2) weeks in advance of the scheduled date and, if consistent with operational needs, will be granted such change based on availability and seniority, provided that such Employee may not bump another Employee from previously scheduled vacation by this procedure.

8.2.4 Pay.

An Employee entitled under Section 8.2.1 of this Article will be paid for vacation at the Employee's regular compensation rate. Vacation pay shall be given immediately prior to starting vacation provided such request is received at least four (4) weeks in advance and provided that the request is for a minimum of five (5) days.

8.2.5 Pay in Lieu of Vacation Time Off.

Employees who are accruing three (3) weeks' vacation time may request to be paid for one (1) week in lieu of taking time off and Employees who are accruing four (4) weeks' or more vacation time may request to be paid up to a maximum of two (2) weeks in lieu of taking vacation time off; requests may only be made for blocks of five (5) days or ten (10) days depending on the Employee's eligibility. The Employee may make such a request at any time during the year; only one (1) such request will be granted each calendar year. Employees may be granted pay in lieu of vacation time at the discretion of the Regional Administrator or Department Head, as applicable, or designee, and an answer given by the Regional Administrator or Department Head, as applicable, or designee. If more requests are received than can be accommodated, seniority will be applied. Part-Time participation shall be on a pro rata basis. If an Employee wishes to be paid in lieu of taking vacation time as set forth above, a request for such pay in lieu of vacation shall be made on a form provided by the Employee to his or her Manager.

8.3 Personal Business Days.

After six (6) months of employment, a Regular Full-Time Employee working a five-day (5) workweek schedule shall be entitled to five (5) personal days per calendar year, earned at the rate of 1.395 hours per pay period up to a maximum of thirty-six and one-quarter (36.25) hours (a Regular Full-Time Employee working a four-day (4) workweek schedule shall be entitled to a maximum of thirty-seven (37) hours, earned at a rate of 1.424 hours per pay period; a Regular Full-Time Employee working a three-day (3) workweek schedule shall be entitled to a maximum of thirty-six and one-quarter (36.25) hours, earned at the rate of 1.395 hours per pay period), above which no further accrual shall be permitted.  While Employees are not eligible for personal days prior to completion of six (6) months of employment, Employees who complete six (6) months of employment are treated as having accrued personal days from date of employment at the rate of 1.395 hours each pay period up to a maximum of thirty-six and one-quarter (36.25) hours for Employees working five-day (5) or three-day (3) workweeks (at the rate of 1.424 hours each pay period up to a maximum of thirty-seven (37) hours for Employees working four-day (4) workweeks).  Personal days shall be scheduled by the Employee and Employer, consistent with the operational needs of the Employer, at least two (2) weeks in advance with the approval of the Employer, which approval shall not be unreasonably denied, except in an emergency (which shall include illness of an Employee who has exhausted his or her sick leave) where advance notice by the Employee is not possible. Once scheduled, personal days shall not be canceled except where required by operational requirements.  A Regular Part-Time Employee shall receive a pro rata benefit under this Section.


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