3.15k Vacation - Regulation

Document Type: Regulation
Number: 3.15k
Effective: 05-01-06
Revised: 12-06-21
12-01-07, 09-05-08, 07-25-11, 04-08-12,
06-02-14, 02-07-16, 11-01-16, 08-09-22
01-01-24
Legal Reference: Title 29 Part 541.710

VACATION

I. INTRODUCTION

For purposes of vacation eligibility, the vacation benefit applies to regular full and part-time employees who are regularly assigned to work 19 or more hours per week. In accordance with this regulation some full-time temporary employees are also eligible to receive a limited amount of paid time off. Vacation for bargaining unit employees shall be governed by the provisions of the applicable collective labor agreement.

II. VACATION ACCRUAL

Vacation hours are accrued at the end of the pay period. The hours accrued for a particular pay period shall not be used by an employee in advance of or during the pay period they are accrued. Vacation hours accrued may be carried over from one calendar year to the next but cannot exceed established maximum accrual limits set forth in this regulation. Any vacation hours earned over the established maximum limits cannot be used and are forfeited without compensation. Vacation hours used during an employee’s FLSA workweek shall not be considered hours worked for the purpose of computing overtime or compensatory time. Accordingly, the number of hours accounted for in a week where vacation leave is used cannot exceed the number of hours the employee is regularly scheduled to work unless the actual number of hours worked exceeds regularly scheduled workweek hours.

III. NO WORK = NO ACCRUAL

The accrual rate for vacation is normally based on the number of hours the employee is regularly scheduled to work. However, if the employee is on unpaid leave for the entirety of a pay period, they are not eligible to receive a vacation accrual.

To stop an employee’s accruals a status form must be generated to document the loss of eligibility. The change will then be recorded in the current HRIS system.

IV. YEARS OF SERVICE ACCRUALS EFFECTIVE JANUARY 1, 2024

Except for Senior Managers and Department Directors, vacation accruals are calculated in five-year increments from the beginning of eligibility through the completion of the fifth year. Upon completion of the required years of service, employees move to the next level of the vacation schedule in the first pay period after the anniversary date. The annual accrual amounts are prorated over the course of 26 pay periods.

Full time:

Part time:

Current temporary employees that become eligible for vacation leave because of a change of hours or position, earn vacation at the beginning number of accrual hours. Time worked as a temporary employee shall not count toward years of service.

Employees who remain employed with the city, but who lose their eligibility for vacation shall be paid out for their accrued vacation at that time.

IV. ACCRUALS FOR RETURNING EMPLOYEES

Regular employees who left the city in good standing may receive credit for their prior time of service if:

A. They return to the city in a vacation accruing position within five years; and

B. They were in a vacation accruing position at the time of their departure.

Credit for prior service will be awarded for fully completed years only. Partial years will not be credited.

IV. APPROVAL TO USE VACATION LEAVE

in accordance with the city’s Time Off and Leaves of Absence Policy, city employees are expected to report to work as scheduled or be on one of the city’s approved leaves of absence.

Prior approval for use of vacation leave shall be obtained from an employee's supervisor to ensure schedule and staffing needs are met.

VI. PAY DEDUCTIONS FOR EMPLOYEE ABSENCES

Deductions from a non-exempt employee’s pay may be made:

A. Any time the non-exempt employee is absent from work and the applicable leave balances have been exhausted, or

B. When pre-approval was not received for use of vacation or compensatory time.

Deductions from a public sector exempt employee’s pay are permissible when:

A. The employee is absent from work for one or more full days for personal reasons other than sickness or disability and all accrued vacation and compensatory leave balances have been exhausted, or the employee failed to get the required approval prior to using vacation or compensatory leave; or

B. The employee is absent for one or more full days due to sickness or disability and all accrued sick leave balances have been exhausted; or

C. The employee is issued an unpaid disciplinary suspension of one or more full days imposed in good faith for serious workplace conduct rule infractions.

D. The employee is absent from work for less than one workday for personal reasons or because of illness or injury and accrued leave is not used by the employee because:

1. Permission for its use has not been sought or has been sought and denied;

2. Accrued leave has been exhausted; or

3. The employee chooses to use leave without pay.

Deductions from the pay of a public sector exempt employee for absences due to a budget-required furlough shall not disqualify the employee from being paid on a salary basis except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced.

VII. VACATION PAY OFF

Employees who leave city employment will be paid for any unused vacation hours.

Eligible employees who retire from the city of Boise whose Post Employment Health Reimbursement Arrangement (HRA VEBA) account balance at retirement is below the minimum funding standard shall have funds transferred by the city from accrued vacation leave in the amount necessary to meet the minimum funding standard until such funds are exhausted. Eligible non-exempt employees may have funds transferred from accrued compensatory leave in addition to accrued vacation leave. Please refer to the Post Employment Health Reimbursement Arrangement (HRA VEBA) Regulation for the minimum funding standards.

VIII. PERSONAL LEAVE FOR TEMPORARY EMPLOYEES

Temporary employees whose standard hours of work are 35 hours per week are eligible to earn two (2) hours of paid personal leave each bi-weekly pay period. The hours accrued for a particular pay period cannot be used by an employee in advance of or during the pay period they are accrued.

Use of accrued personal leave shall be pre-approved by the supervisor and can be used in any quarterly increment.

Any personal leave not used before the current temporary employment period ends will be lost. This includes all short- and long-term layoff periods. There will be no pay out of personal leave.