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    Title:

    Vacation Leave

    Publication date:

    7/9/2021

    Effective date:

    7/1/2020

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides vacation leave to eligible employees for personal use, such as rest, relaxation, and renewal. Consistent with this objective, Berkeley Lab encourages eligible employees to use their accrued vacation leave each year. This policy details the terms and conditions of vacation leave for eligible employees.

    Who Should Read This Policy

    This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    Title:

    Vacation Leave

    Publication date:

    7/9/2021

    Effective date:

    7/1/2020

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides vacation leave to eligible employees for personal use, such as rest, relaxation, and renewal. Consistent with this objective, Berkeley Lab encourages employees to use their accrued vacation leave each year. The policy details the terms and conditions of vacation leave for eligible employees.

    Other leaves of interest: for information regarding the following leaves applicable to Berkeley Lab that my utilize vacation leave, see the University of California Personnel Policies for Staff Members (PPSM) 2.210, Absence from Work.

    • School Activities
    • School Suspensions
    • Literacy Leave
    • Victims of Domestic Violence, Sexual Assault, or Stalking
    • Victims of Serious or Violent Felonies
    • Rehabilitation Leave

    B. Persons Affected

    This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

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

    D. Policy Statement

    1. Eligibility for Vacation Leave
      1. Berkeley Lab provides vacation leave for employees who:
        1. Hold non-represented Career, Term, Visiting Researcher, Limited, and Postdoctoral Fellow appointments, and
        2. Are appointed at 50% or more of full-time status for six or more months.
      2. An employee holding an eligible appointment begins to accrue vacation leave at the start of their eligible appointment.
      3. An eligible employee whose appointment is reduced below 50% will no longer accrue vacation leave.
      4. An employee who previously was ineligible to accrue vacation leave because of a variable-time, part-time, or short-term appointment will become eligible to accrue vacation leave on the first day following six consecutive months or quadriweekly cycles on pay status at 50% or more time.
      5. Vacation leave eligibility and accruals for Senior Management Group (SMG) members holding concurrent academic appointments are determined by this policy rather than by Academic Personnel Manual Policy 730.
    2. Accrual of Vacation Leave. An employee accrues vacation leave based on type of appointment (see Section D.1.a.i of this policy), years of qualifying service, and hours on pay status.
      1. Years of Qualifying Service. A month on pay status at one-half time or more is counted as a month of qualifying service, and a quadriweekly cycle on pay status at one-half time or more is counted as a quadriweekly cycle of qualifying service. Service need not be continuous to be counted. Qualifying service for purposes of calculating vacation accrual includes:
        1. University of California (UC) Service. All paid time spent as an employee of Berkeley Lab or UC, including UC Hastings College of the Law, or a UC-managed U.S. Department of Energy (DOE) national laboratory, in any 50% or more appointment regardless of a break in service, is included in determining an eligible employee's vacation leave accrual rate.
        2. California State Agency and California State University (CSU) Service. All paid time spent as an employee of a California state agency or a CSU in any 50% or more appointment, regardless of a break in service, is included in determining an eligible employee's vacation leave accrual rate.
        3. Time spent on military leave from the foregoing institutions.
      2. Hours on Pay Status. Vacation leave accrual is calculated based on paid hours reported in a month or quadriweekly cycle.
        1. Accrual Rates for Part-Time Employees. Eligible employees appointed at less than full-time status accrue vacation leave on a prorated basis.
        2. On-call and overtime hours are not included for the purpose of computing the amount of vacation leave accrued.
        3. Eligible employees who report hours less than their appointed time (full time or part time) will accrue vacation in proportion to the time worked.
      3. Employees accrue vacation leave as follows, based on full-time status. See the Factor Leave Accrual Tables.

        Years of Qualifying Service

        Vacation Accrued Per Hour on Pay Status

        Approximate Vacation Days Accrued Per Month

        Approximate Vacation Days Accrued Per Year

        Less than 10

        .057692

        1.25

        15

        10 but less than 15

        .069231

        1.50

        18

        15 but less than 20

        .080769

        1.75

        21

        20 or more

        .092308

        2.00

        24

      4. Senior Management Group (SMG). SMG members accrue vacation leave according to the following schedule, based on full-time status. See the Factor Leave Accrual Tables.

        Years of Qualifying Service

        Vacation Accrued Per Hour on Pay Status

        Approximate Vacation Days Accrued Per Month

        Approximate Vacation Days Accrued Per Year

        Less than 5

        .069231

        1.50

        18

        5 but less than 10

        .080769

        1.75

        21

        10 or more

        .092308

        2.00

        24

    3. When Vacation Leave is Credited. Accrued vacation leave is credited and available for use on the next working day following each month or quadriweekly pay cycle in which it was earned, except that eligible separating employees earn proportional vacation leave through their last day on pay status.
    4. Vacation Leave Accrual During Leaves of Absence
      1. An employee continues to accrue vacation leave while on a paid leave of absence, except during professional research or teaching leave in accordance with the Employee Development Leaves of Absence policy.
      2. Employees do not earn vacation leave during any unpaid leave of absence.
      3. An employee on leave without pay and receiving temporary disability payments under the California Workers' Compensation Act accrues vacation leave on the same basis as if actually working, but accrued vacation leave is credited to the employee only upon return to work.
    5. Maximum Vacation Leave Accrual Limit. Vacation leave may be accrued up to a maximum of two times an employee's annual accrual whether an employee holds a full-time or part-time appointment. For example, an employee who has 20 or more years of qualifying service and accrues 24 vacation days on an annual basis may accrue up to a maximum of 48 days of vacation leave.
      1. Full-Time Employee Maximum Vacation Accrual

        Years of Qualifying Vacation Service Credit

        Maximum Vacation Balance in Hours

        Maximum Vacation Balance Limit in Days

        Less than 10

        240

        30

        10 but less than 15

        288

        36

        15 but less than 20

        336

        42

        20 or more

        384

        48

      2. Part-Time Employee Maximum Vacation Accrual. Part-time employees will accrue vacation up to a maximum of two times their part-time annual accrual.
      3. Once an employee reaches the maximum accrual, no additional vacation leave may be accrued until the employee's vacation leave balance falls below the maximum.
    6. Use of Accrued Vacation Leave
      1. An employee may not use vacation leave before it is accrued, with the exception noted in Section D.10 of this policy.
      2. Employees will coordinate their vacation leave in advance with their division to ensure that their absence does not conflict with the needs of the division. Employees must provide their supervisors with reasonable notice of at least one week in advance when the need for vacation leave is foreseeable. This notice must include the expected length of the vacation leave. Vacation leave must be approved by the employee's immediate supervisor.
      3. Although the primary purpose of vacation leave is rest and relaxation, employees may use accrued vacation leave for personal or family illness or injury, or for other personal reasons. To the extent an employee seeks to use vacation leave in connection with a personal or family illness or injury, Berkeley Lab may require certification supporting the employee's request for leave.
      4. 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/or employer-paid contributions towards benefits. However, if the employee is taking Family and Medical Leave on an intermittent or reduced schedule basis, see the Family and Medical Leave policy.
      5. Employees separating from Berkeley Lab employment may not use vacation leave after their last day of work except when they are retiring. Retiring employees may schedule vacation leave between their last day of work and the effective date of retirement.
    7. Vacation Leave Pay
      1. Pay during a vacation leave is at the employee's rate of pay in effect at the time the vacation leave is taken, not the rate of pay in effect when the vacation leave was accrued.
      2. An employee will be paid for any unused vacation leave accrued through their last day on pay status upon:
        1. Separation of employment from Berkeley Lab (resignation, termination, retirement, indefinite layoff, or medical separation). Payment for unused vacation leave upon separation will be at the employee's rate of pay in effect as of the employee's last day on pay status.
        2. Transfer, promotion, or demotion to a Berkeley Lab position that does not accrue vacation leave. The vacation balance will be paid in a lump sum at the rate of pay in effect at the time of the change in status.
      3. Unpaid Extended Military Leave. In accordance with the Military Service Leave policy, an employee on unpaid extended military leave may receive a lump-sum payment for any unused accrued vacation leave.
    8. Transfer of Accrued Vacation Leave
      1. Except as provided in the preceding section on Vacation Leave Pay, any accrued vacation leave will be transferred upon an employee's reassignment, promotion, or demotion from one Berkeley Lab position to another. The rate of pay for such vacation leave will be at the employee's rate of pay in effective at the time the leave is taken.
      2. Transfers between Berkeley Lab and Other University of California (UC) Locations
        1.  Employees who transfer from another UC location to Berkeley Lab without a break in service will have their accumulated vacation leave balance transferred, up to the maximum vacation leave balance allowed by this policy. Any excess of the vacation leave balance will be paid to the employee in a lump sum by the transferring UC location at the rate applied to the employee prior to transferring to Berkeley Lab from the UC location.
        2. Employees who transfer from another UC location to Berkeley Lab into a non-Senior Management Group (SMG) position, including 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 immediately prior to transferring to Berkeley Lab, will earn vacation leave based on the table in Section D.2.c of this policy.
        3.  Employees who transfer from another UC location to Berkeley Lab into SMG positions will earn vacation leave based on the table in Section D.2.d of this policy.
        4. Employees who transfer from Berkeley Lab into a staff position at another UC location, without a break in service, will have their vacation leave balance transferred.
        5. Employees who transfer from Berkeley Lab into an academic position at another UC location will have their vacation leave balance paid out. In accordance with the UC Academic Personnel Manual (APM 730-0), academic appointees do not earn vacation leave.
    9. Catastrophic Leave Donation Program. In accordance with Delegation of Authority 2085, an employee may voluntarily donate a portion of their accrued vacation leave to be used by other Berkeley Lab employees (who have exhausted all of their own accrued paid leave benefits) to address circumstances such as a catastrophic injury or illness of an employee; caring for a catastrophically ill or injured family member or household member; the death of a family or household member; or a catastrophic casualty loss suffered by an employee due to, for example, a terrorist attack, fire, or natural disaster. See the Catastrophic Leave Sharing policy for additional information.
    10. Vacation Advancement. Up to two days' advance use of vacation leave in the month of December may be used to facilitate the implementation of the annual winter shutdown. This applies only to newly hired employees who have not had sufficient time to earn vacation leave.
    11. Use of Sick Leave While on Vacation. See the Sick Leave policy, Section D.6.d, "Use of Sick Leave During Vacation."
    12. Use of Vacation While on Berkeley Lab Travel. See the Travel Policy and Reference Guide.
    13. Return to Work
      1. An employee is expected to return to work no later than the next regularly scheduled workday after the expiration of the approved vacation leave. If an extension is desired, the employee must request and receive approval from their supervisor in advance of the expected date of return.
      2. An employee who unexpectedly cannot return to work on the next regularly scheduled workday following the expiration of the approved vacation leave must notify their supervisor as soon as possible to explain the reason for the absence.
      3. Failure to return to work after an approved vacation leave without supervisory approval is considered an unauthorized absence. Five consecutive workdays of unauthorized absence constitute job abandonment and may lead to disciplinary action. See the Unauthorized Absences & Job Abandonment policy.
    14. Misuse of Vacation Leave
      1. 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.
      2. Individuals using vacation leave to cover a leave for which a medical certification is required may jeopardize their right to leave benefits and/or their continued employment by engaging in activities incompatible with the medical certification submitted in support of the leave.

    E. Roles and Responsibilities

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

    F. Definitions/Acronyms

    Term

    Definition

    Full Time

    Full-time status is fixed time at 40 hours per workweek.

    Part Time

    Part-time status is fixed time up to 39 hours per workweek.

    Pay Status

    Includes any period of time for which an employee receives pay for time worked or for time on paid leave. Paid leave time includes sick leave, extended sick leave, vacations, administrative leave with pay, holidays, or military leave with pay.

    Senior Management Group (SMG) Members

    Individuals whose career appointment is in the Senior Management Group (SMG) personnel program. SMG members with a dual academic appointment at 0% will be considered to possess a career appointment in the Senior Management Group.

    Variable Time

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

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    Factor Leave Accrual Tables

    I. Contact Information

    For information regarding this policy, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to [email protected]

    J. Revision History

    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    4/7/2011

    0

    M. Bello

    Revision for html site

    all

    Major

    1/2/2012

    1

    M. Bello

    Rewrite for wiki

    all

    Minor

    2/21/2012

    1.1

    M. Bello

    Technical changes to policy

    D.1.n Use of Vacation Credit for Other Leaves and D.1.o Use of Vacation Credit for an Unpaid Leave or After Separation from Laboratory Employment

    Minor

    10/8/2012

    1.2

    M. Bello

    Clarified policy to state all service in a 50% or more appointment counts toward determining vacation accrual rate

    D.1

    Minor

    8/28/2013

    1.3

    M. Bello

    Clarified policy: (1) former UC employees in the Manager and Senior Professionals Program accrue vacation according to the Laboratory vacation accrual schedule and (2) specified Laboratory SMG job titles and their vacation-accrual rates

    D.2.c.i
    D.2.c.iii

    Minor

    7/9/2021

    2

    W. Crosson

    • Rewrite to align with UC policy as follows: (1) changed the policy title from "Vacation Policy" to "Vacation Leave"; (2) reordered Section D; (3) clarified that the maximum vacation accrual for part-time employees is prorated; (4) removed section prohibiting limited variable-time employees from accruing vacation leave; (5) added language on how qualifying service is determined (6) added language that time on military leave at eligible institutions is included as years of qualifying service (7) removed the Short Month's Work section and clarified that vacation accrual is prorated based on hours on pay status; (8) added section on Workers' Compensation (9) added language that supervisors must approve vacation leave (10) removed Vacation Pay Restrictions section; (11) added section on Catastrophic Leave Donation Program; and (12) updated definitions for Pay Status and Senior Management Group

    • Moved the eligibility criteria from Section B to Section D

    • Updated accrual rate tables with factor leave accrual rates

    • Removed gender pronouns

    • Removed obsolete implementing documents

    • Updated links

    All

    Major

    DOCUMENT INFORMATION

    Title:

    Vacation Leave

    Document number

    02.07.001.000

    Revision number

    2

    Publication date:

    7/9/2021

    Effective date:

    7/1/2020

    Next review date:

    7/1/2026

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    None

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.08

    Source Requirements Documents

    Implementing Documents

    Factor Leave Accrual Tables

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