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Vacation Policy

    Title:

    Vacation Policy

    Publication date:

    8/28/2013

    Effective date:

    8/28/2013

    BRIEF

    Policy Summary

    Berkeley Lab provides vacation for employees to rest, relax, and renew. Consistent with this objective, the Laboratory encourages eligible employees to take their earned vacation each year. This policy details the terms and conditions of vacation for eligible employees.

    Who Should Read This Policy

    Employees who are in a Career, Term, Postdoctoral Fellow, Visiting Researcher, or Limited appointment, and are appointed at 50% or more of full-time status for six or more months

    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 hrpolicies@lbl.gov.

    Title:

    Vacation Policy

    Publication date:

    8/28/2013

    Effective date:

    8/28/2013

    POLICY

    A. Purpose

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

    B. Persons Affected

    1. Eligible Employees
      1. The Laboratory provides vacation for employees who:
        1. Hold a Career, Term, Postdoctoral Fellow, Visiting Researcher, or Limited appointment and
        2. Are appointed at a fixed 50% or more of full-time status for six or more months.
      2. An employee holding an eligible appointment begins to earn vacation accrual at the start of his or her eligible appointment (See list in Section B.1.a.i, above).
      3. Limited-appointment employees previously ineligible for earning vacation accrual due to part-time or short-term appointments become eligible for earning vacation accrual on the first day after six consecutive months of working 50% or more of full-time status.
    2. Ineligible Employees
      1. The following employee classifications are not eligible to earn vacation accrual: Faculty, Rehired Retiree, Graduate Student Research Assistant (GSRA), Student Assistant, and International Brotherhood of Electrical Workers (IBEW) Apprentice. Limited-appointment employees who work less than six months and 50% fixed time are also not eligible to earn vacation accrual.
      2. If an employee previously eligible to earn vacation accrual has his or her appointment reduced below 50%, the employee will no longer earn vacation accrual.
      3. Employees working variable-time schedules regardless of their employee appointment do not earn vacation accrual.

    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 minimum, Chief Human Resources and Diversity Officer (CHRO) approval.

    D. Policy Statement

    1. General. An employee earns vacation accrual based on: (a) years of qualifying service; (b) his or her current appointment type (See Persons Affected, above); and (c) number of hours on pay status.
    2. Vacation Accrual Rate Is Based On:
      1. Years of Qualifying Service Credit in an Eligible Appointment
        1. University of California Service: All paid time spent as an employee of Berkeley Lab or the University of California (UC or the University), 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-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-accrual rate.
        3. On-call and overtime hours are not included for the purpose of computing the amount of vacation accrued.
      2. Current Appointment Type (See Persons Affected, above)
      3. Numbers of Hours on Pay Status
        1. Accrual Rates for Full-Time Employees:

          Years of Qualifying Service Credit

          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

          More than 10 but fewer than 15

          12

          1.50

          18

          More than 15 but fewer than 20

          14

          1.75

          21

          20 or more

          16

          2.00

          24

          NOTE: Former UC employees who were in the UC Managers and Senior Professionals (MSP) Program and are hired at Berkeley Lab accrue vacation according to the above vacation-accrual rate table.

        2. Accrual Rates for Part-Time Employees Based on Eligible Service: Eligible employees appointed at less than full-time status earn vacation accrual on a prorated basis that corresponds with the hours they are scheduled to work. See Part-Time Employees Vacation Accrual Schedule.
        3. Accrual Rates for Eligible Full-Time Senior Management Group (SMG) Employees Based on Eligible Service: Senior Management Group employees include the following job titles: Laboratory Director, Deputy Director, Associate Laboratory Directors (ALDs), Chief Financial Officer, and Laboratory Counsel. SMG employees accrue vacation according to the following schedule:

          Years of Qualifying Service

          Approximate Vacation Days Accrued Per Year

          Less than 5

          18

          5 but less than 10

          21

          10 or more

          24

        4. Accrual Basis: Vacation-accrual rate is based on five eight-hour days per week. Employees earn vacation accrual during leave with pay, except during extended military leave and professional research or teaching leave.
        5. 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 (See Part-Time Employees Vacation Accrual Schedule).
    3. When Vacation Accrual Is Added to the Employee's Vacation Balance: Earned vacation accrual is given to eligible employees (See Persons Affected, above) and available for use on the next working day following the month in which it was earned, except that eligible separating employees earn proportional vacation accrual through their last day on pay status.
    4. Vacation Balance of Transferring Employees
      1. 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 balance transferred, up to the maximum vacation balance allowed by this policy. Any excess of the vacation balance will be paid to the employee in a lump sum at the rate applied to the employee prior to transferring 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 vacation balance transferred.
        3. Laboratory employees who transfer into an academic position at another UC location will have their vacation balance paid out to the employee. Per UC Academic Personnel Manual (APM 730-0), academic appointees do not earn vacation accrual.
        4. UC employees hired at the Laboratory in a non-SMG position, 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, will earn vacation accrual based on the table above.
        5. UC employees hired at the Laboratory in SMG positions will earn vacation accrual according to the UC Vacation Leave policy for SMG employees.
      2. Transfer between Laboratory Divisions: The vacation accrual of employees is usually not affected by transfer between Laboratory divisions.
      3. Transfer from a Vacation-Eligible Employee Appointment to a Non-Vacation-Eligible Employee Appointment: When an employee transfers from a vacation-eligible appointment to a non-vacation-eligible appointment (See Persons Affected, above), any vacation balance he or she possesses on the effective date of the change will be paid in a lump sum at the rate applied to the employee prior to the appointment change.
    5. Employee Vacation Advancement: Up to two days' advance use of vacation accruals for the month of December may be used to facilitate the implementation of winter/New Year's Day holiday closures. This applies only to employees who have not had sufficient time to earn vacation accrual.
    6. Vacation Accrual While on Leave of Absence: An employee continues to earn vacation accrual while on a Laboratory-paid leave of absence. However, employees do not earn vacation accrual during any unpaid leave of absence
    7. Maximum Vacation Balance:
      1. Vacation accrual may be earned up to a maximum of two times an employee's annual accrual rate.

      2. Once an employee reaches his or her maximum vacation balance, no additional vacation accrual may be earned until the employee's vacation balance falls below the maximum.

        Years of Qualifying Vacation Service Credit

        Maximum Vacation Balance in Hours

        Maximum Vacation Balance Limit in Days

        Fewer than 10

        240

        30

        10 or more, but fewer than 15

        288

        36

        15 or more but fewer than 20

        336

        42

        20 or more

        384

        48

    8. Scheduling a Vacation
      1. With the exception noted above in Section D.5, Employee Vacation Advancement, an employee may not use vacation accrual before it is earned.
      2. Employees will coordinate their vacation 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 vacation 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.
      3. Vacation Pay Rate: An employee's vacation pay rate is the rate of pay in effect at the time the vacation is taken, not the rate of pay in effect when the vacation accrual was earned.
    9. Use of Sick Leave While on Vacation: See Sick Leave Policy, Section D.9, Use of Sick Leave during Vacation.
    10. Use of Vacation While on Laboratory Travel: See Travel Policy.
    11. Use of Vacation Accrual for Other Leaves: Although the purpose of vacation is rest and relaxation, employees may use earned vacation accrual for personal or family illness or disability, or for other personal reasons. To the extent an employee seeks to use vacation in connection with a family-, medical-, or disability-related absence, the Laboratory may require certification supporting the employee's request for leave.
    12. Use of Vacation Accrual for an Unpaid Leave or after Separation from Laboratory Employment:
      1. An employee on an otherwise unpaid leave of absence may not use vacation accrual on an intermittent basis.
      2. Employees separating from Laboratory employment may not use vacation accrual after their last day of work for any type of separation other than retirement. Retiring employees may schedule vacation between their last day of work and the effective date of retirement.
    13. Vacation Pay Restrictions: An employee will not be paid for vacation accrual 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.
    14. 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. If an extension is desired, the employee must request this from his/her 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 leave of absence must notify his/her supervisor as soon as possible to explain the reason for the absence.
      3. 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 Unauthorized Absences & Job Abandonment Policy).
    15. Payout of Vacation Balance
      1. An employee will be paid for any unused vacation balance earned through his or her last day on pay status following:
        1. Separation of employment from the Laboratory
        2. An extended unpaid military leave
      2. An employee whose change of status from a vacation-eligible employee appointment to a non-vacation-eligible employee appointment will be paid for any unused vacation balance he or she earned as of the effective date of the change. The vacation balance will be paid in a lump sum at the rate applied prior to the change in status.
    16. Misuse of Vacation
      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. An employee on an unpaid leave of absence may not use vacation accrual on an intermittent basis for purposes of eligibility for holiday pay and employer-paid contributions toward benefits.
      3. 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 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.

    CHRO

    Chief Human Resources and Diversity Officer

    Part Time

    Part-time status is fixed time 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) Employees

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

    SMG

    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

    AUDIENCE

    DOCUMENT #

    IMPLEMENTING DOCUMENT

    LBNL Staff

    02.07.001.002

    Part-Time Employees Vacation Accrual Schedule

    LBNL Staff

    02.07.001.006

    Transferring Vacation Balance from LBNL to UC Location Information Sheet

    LBNL Staff

    02.07.001.008

    Managers & Supervisors Responsibilities Under the Vacation Leave Policy

    LBNL Staff

    02.07.001.009

    Verification of Prior UC and State of CA Service Form

    HR Staff

    02.07.001.001

    Understanding the Vacation Leave Policy

    HR Staff

    02.07.001.004

    Transferring Vacation Balance from LBNL to UC Location

    HR Staff

    N/A

    Vacation Balance Transfer Smartsheet

    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 hrpolicies@lbl.gov

    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

    8/28/20131.3M. BelloClarified 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

    DOCUMENT INFORMATION

    Title:

    Vacation Policy

    Document number

    02.07.001.000

    Revision number

    1.3

    Publication date:

    8/28/2013

    Effective date:

    8/28/2013

    Next review date:

    10/8/2015

    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

    AUDIENCE

    DOCUMENT #

    IMPLEMENTING DOCUMENT

    Type

    LBNL Staff

    02.07.001.002

    Part-Time Employees Vacation Accrual Schedule

    Chart

    LBNL Staff

    02.07.001.006

    Transferring Vacation Balance from LBNL to UC Location Information Sheet

    Procedure

    LBNL Staff

    02.07.001.008

    Managers & Supervisors Responsibilities Under the Vacation Leave Policy

    Checklist

    LBNL Staff

    02.07.001.009

    Verification of Prior UC and State of CA Service Form

    Form

    HR Staff

    02.07.001.001

    Understanding the Vacation Leave Policy

    Training

    HR Staff

    02.07.001.004

    Transferring Vacation Balance from LBNL to UC Location

    Procedure

    HR Staff

    N/A

    Vacation Balance Transfer Smartsheet

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