Article 10 - Vacation Leave

Section 1.  General Conditions.

1. Eligibility.  All employees except intermittent employees, emergency employees, and temporary employees shall be eligible employees for the purpose of this Article.  However, intermittent employees shall become eligible employees for the purposes of this Article after completion of sixty-seven (67) working days in any twelve (12) month period.  Temporary unclassified employees appointed for periods longer than six (6) months shall be considered eligible for purposes of this Article. Eligible employees appointed to emergency or temporary status from a layoff status shall continue to be eligible to accrue vacation leave.
    

2. Crediting and Use of Vacation Upon Entry.  Upon entry into State service, an eligible employee shall be credited with forty (40) hours of vacation leave.  If a current employee in State service in a position that is not eligible for vacation is appointed to a MAPE position that is eligible for vacation, he/she shall be credited with forty (40) hours of vacation leave.  Such credit shall be reduced proportionately as vacation leave is accumulated. Vacation hours credited upon entry to State service but not offset by accumulated vacation prior to separation from State service shall not be eligible for liquidation.  If a current employee in State service is appointed to a MAPE position and that employee has their accumulated vacation leave hours transferred, the employee shall not be credited with additional vacation leave hours. Use is subject to Section 3, Vacation Period, of this Article.

Section 2.  Accruals.  All eligible employees shall accrue vacation in accordance with the following rates:

Eligible employees being paid for less than a full eighty (80) hour payroll period shall have their vacation accrual pro-rated in accordance with the schedule set forth in Appendix A.

Length of service is defined as the length of employment with the State of Minnesota since the last date of hire in a vacation eligible status.  Length of service shall be interrupted only by separation because of resignation, termination, discharge for just cause, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff or retirement.

Changes in accrual rates shall be made effective at the beginning of the next payroll period following completion of the specified length of service requirement.

Effective July 9, 1975, for purposes of determining an employee's accrual rate, periods of suspension or unpaid non-medical leaves of absence of more than one (1) pay period shall be deducted for purposes of determining an employee's accrual rate; however, periods of paid or unpaid military leave shall not be deducted.  This method will be effective only after this date and shall not be used to change any length of service requirements determined prior to that date.

Effective February 17, 1994, leave time for service to the Association in any capacity shall not be deducted for purposes of determining an employee's vacation accrual rate.

An eligible employee reinstated or reappointed to State service within four (4) years of the date of resignation in good standing or retirement from any branch of Minnesota State government, shall accrue vacation leave with the same credit for length of service that existed at the time of such separation.  This method shall not be used to change any length of service requirements determined prior to July 1, 1983.

Employees of the University of Minnesota, the Minnesota Historical Society, the Metropolitan Council, and former members of the Minnesota Legislature who transfer or who are appointed to State service within four (4) years of the date of resignation in good standing, ending of their Legislative term, or retirement, shall accrue vacation leave with the same credit for length of service that existed at the time of such transfer or separation.  Such employees shall begin accruing vacation leave based on this method effective at the beginning of the first payroll period following the date the employee applies.

An eligible employee who moves without a break in service to a MAPE position from any other position in any branch of Minnesota State government shall have their accumulated but unused vacation leave transferred, provided that the total amount of accumulated vacation does not exceed two hundred and seventy-five (275) hours.

At the discretion of the Appointing Authority, employees who are hired into State service from another public sector employer, including the United States Armed Forces, or from a private sector employer in a position directly related to the employee’s current State position, and who were in a vacation eligible position with that employer may be granted length of service credit in an amount up to the length of time employed by the previous employer.

Length of service credit shall be subject to the following conditions:

1. There must be evidence to establish that the employee was employed by another public sector employer, tribal government, or by a private sector employer in a position directly related to the employee’s current State position within four (4) years of the date the State hired the employee; current bargaining unit employees may request consideration for previous employment as described in this paragraph;
    

2. The employee must have been in a vacation eligible position with the previous employer;
    

3. The employee must provide the necessary documentation demonstrating their previous vacation eligibility status;
    

4. The amount of the length of service credit granted is at the discretion of the Appointing Authority.

Changes in the accrual rate shall become effective the beginning of the next payroll period following the Appointing Authority’s approval of the adjusted rate and shall not be retroactive.

Employees may accumulate unused vacation leave to any amount provided that once during each fiscal year the employee's accumulation must be reduced to two hundred seventy-five (275) hours or less.  If this is not accomplished on or before the last day of the fiscal year, the amount of vacation shall be automatically reduced to two hundred seventy-five (275) hours at the end of the fiscal year.

Employees on a military leave under Article 14 shall earn vacation leave as though actually employed without regard to the maximum accumulation set forth above.  Vacation earned in excess of the maximum accumulation shall be taken within two (2) years of the date the employee returns from the military leave.

Vacation leave hours shall not be used during the payroll period in which the hours are accrued.

Section 3.  Vacation Period.  Every reasonable effort shall be made by the Appointing Authority to schedule employee vacations at a time agreeable to the employee insofar as work unit staffing permits.  If it is necessary to limit the number of employees within or among classifications on vacation at the same time and in the event of any conflict over vacation periods, the vacation schedules shall be established on the basis of bargaining unit seniority within the employee's work location.  Bargaining unit seniority is defined as an employee’s continuous length of service in Association represented positions with the State of Minnesota. Whenever practicable, employees shall submit written requests for vacation at least two (2) weeks in advance of their vacation to their supervisor.  When advance written requests are impracticable, employees shall secure the approval of their supervisor by telephone or other means at the earliest opportunity. Supervisors shall respond to all vacation requests promptly and shall answer all written requests in writing.

No vacation requests shall be denied solely because of the season of the year, but shall be dependent upon meeting the staffing needs of the agency.

When an employee transfers to a new seniority unit or to a work area, or is awarded an interest bid or promotion, previously approved vacation leave must be mutually agreed upon between the employee and the new supervisor.

Section 4.  Vacation Charges.  Employees who utilize vacation shall be charged only for the number of hours that they would have been scheduled to work during the period of absence.  Holidays that occur during vacation periods will be paid as a holiday and not charged as a vacation day.

Employee vacation accruals earned while on paid leave may be utilized by the employee with the approval of the supervisor without first returning to work.

Should an employee become ill or disabled while on vacation, vacation leave shall be changed to sick leave, effective the date of the illness or disability, upon notice to the employee's supervisor.  Upon request of the Appointing Authority, such notice shall be accompanied by a medical statement from a medical practitioner and shall be given to the supervisor as soon as possible after the illness or disability occurs.

Section 5.  Work During Vacation Period.  Except during an emergency, no employee will be required to work during their vacation once the vacation request has been approved.  The Appointing Authority shall notify the Association of any emergency declaration and of any vacation canceled pursuant to this Section.

Section 6.  Vacation Transfer and Liquidation.  An employee who transfers from one Appointing Authority to another shall have accumulated vacation leave transferred and such leave shall not be liquidated by cash payment in whole or in part; however, if an employee moves to a vacation-ineligible position, the accumulated vacation leave shall be liquidated by cash payment.  Except for employees who are separated from State service prior to completion of six (6) months of continuous service or those separated due to layoff or death, employees who are separated from State service shall have all unused vacation leave and severance pay as described in Article 13 converted to a MSRS Health Care Savings Plan account.  The amount converted will be based on their then current rate of pay for all vacation leave and severance pay to their credit at the time of separation. Amounts of combined vacation and severance payments of less than five hundred dollars ($500.00) shall be paid in cash. Employees who are laid off shall be compensated in cash at their then current rate of pay for all vacation leave to their credit at the time of layoff.  However, in no case shall the amount of vacation liquidated exceed two hundred sixty (260) hours except in case of death. Employees who are laid off and are unable to reduce their accumulated vacation below two hundred sixty (260) hours prior to their layoff date shall have hours in excess of two hundred sixty (260) restored to their credit upon reinstatement, recall or reemployment. Upon the mutual agreement of the employee and the supervisor, seasonal employees shall be allowed to liquidate all, none, or a portion of their accumulated vacation balances in cash prior to their seasonal or temporary layoff.