2018 - 2019 SEIUMemorandum of Understanding: Article 15: Vacation

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What’s on this Page

• 15.1 Vacation Accrual
• 15.2 Vacation – Accrual – Part-Time Employees
• 15.3 Vacation – Accrual Rates – Non-Supervisory Unit
• 15.4 Vacation – Accrual Rates – Supervisory Unit
• 15.5 Vacation – Credit upon Reappointment
• 15.6 Vacation – Schedules
• 15.7 Vacation – Payment for Unused
• 15.8 Vacation – Buyback
• 15.9 Vacation Savings Plan
  • 15.9.1 Vacation Savings Plan
  • 15.9.2 Implementation of Accruals and Vacation Savings Plan
• 15.10 Vacation – Extra Help Employee Exclusion

Read Next: Article 16: Sick Leave

Each employee other than extra-help shall accrue and may use vacation leave with full pay providing that the maximum accumulation shall be no more than specified in Sections 15.3 and 15.4.

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Part-time employees shall accrue vacation leave on a pro rata basis. Usage and accrual shall be governed by the same rules and regulations applicable to full-time employees.

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Each non-supervisory employee who has completed the following in-service hours shall accrue vacation leave at the appropriate rate shown below. Rates shown below will be adjusted to reflect any unpaid time in each pay period. Hours will be accumulated to the maximum indicated in the following table:

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Each employee in the General Supervisory Bargaining Unit who has completed the following in-service hours shall accrue vacation leave at the appropriate rate shown below. In-service hours include all hours in pay status excluding overtime. Rates shown below will be adjusted to reflect any unpaid time in each pay period. Hours will be accumulated to the maximums indicated in the table below. No employee promoted to a supervisory position shall have his or her maximum accumulation of vacation hours reduced as a result of the promotion.

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Each employee with 10,435 in-service hours (five or more years) who resigned in good standing and is reappointed within two years shall be credited with 4,174 hours (2 years) of service for purposes of new vacation accrual. Each employee who was laid off and is reappointed within two years shall be returned to the place on the accrual table (in Sections 15.3 or 15.4 above) that the employee occupied when laid off.

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Vacation schedules shall be arranged by department heads with particular regard to the needs of the service, and whenever possible, with regard to the wishes of the employee. Every effort shall be made to arrange vacation schedules so that each employee will take as much vacation in each year as accrues to the employee in that year. Each employee’s vacation time may be so divided as the needs of the service require or permit. No employee may take vacation without advance approval of the department head or appointing authority. No employee may take vacation leave in advance of that actually accumulated at the time such leave is taken.

When an employee is restricted on the use of vacation time during a certain month, or months, of the year, due to the needs of the County, the County shall make every reasonable effort to accommodate the employee’s request(s) to use vacation time during the remaining months of the year.

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Each employee who is separated from County service shall be entitled to payment for all unused vacation leave which the employee may have accumulated as of the employee’s last day of work and shall be computed on the basis of such employee’s base hourly rate at the time of termination.

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Effective with the pay period beginning March 19, 2013, this Vacation Buyback provision shall be eliminated from the MOU, and represented employees shall no longer be entitled to request and receive vacation buyback payments.

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15.9.1 Vacation Savings Plan

Under Vacation Savings Plan (VSP), each eligible (permanent or probationary) full-time employee may elect to set aside up to twenty (20) hours of base rate pay each plan year during years 3 through 5 (4,174 to 10,434 service hours) of permanent, probationary, or unclassified employment. Part-time employees will be eligible to set aside hours on a pro-rata basis, based on their allocated FTE (full time equivalent) position. 

Employees enroll during an annual open enrollment period in October/November for the subsequent plan year. The plan year runs from January 1 – December 31. Eligibility to enroll, for full-time and part-time employees, will begin when, as of the start of open enrollment, the employee reaches 4,174 service hours. Eligibility to enroll ends upon completion of 10,434 in-service hours as of the start of open enrollment.

Employees new to this MOU who have between 4,174 and 10,434 in-service hours may enroll within their first 60 days for the current plan year. Information on the plan will be provided by the payroll clerk. Deductions for current plan year enrollments must be completed by the end of the final pay period in December of the current plan year. Failure to submit an Opt Out form does not extend employee entitlement to the special enrollment.

Regular annual enrollments for employees who have reached 4,174 hours by the beginning of annual enrollment but have not exceeded 10,434 hours will complete their election through the County’s self-service program during the open enrollment period.  Employees indicate the number of hours (up to 20) to purchase, and the number of pay periods over which the deductions will occur beginning on the first pay period of the new plan year. Deductions for regular and special enrollments will be in equal amounts over the number of pay periods selected at the base hourly rate as of the time of enrollment.  Deductions must be completed by the end of the final pay period in December.  Employees may submit one enrollment per plan year.  Elections must be in whole hour increments. 

At the end of the plan year, up to 20 hours may roll forward to the subsequent plan year until the last pay period in April.  Any unused hours from the prior year on account at the end of the last pay period in April will be paid back to the employee in May.

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Time may be used in one-tenth hour increments. The dollar value and hours available in the VSP bank will appear on the employee’s paystub, the County’s self-service program, and Timesaver.  

Deductions are made on an after-tax basis.  If there are insufficient funds to cover the deduction, the deduction will not be taken and the amount will automatically recalculate the deduction amount to the remaining elected pay periods in the plan year.  

Employees may cancel participation in the program by notifying the Auditor Payroll Division in writing by completing a Vacation Savings Plan Enrollment/Cancellation/Opt-Out Form. The employee designates whether the amount accrued to date will be paid out to the employee or will carry forward under the plan provisions. Balances being paid back to the employee will be paid off as soon as administratively feasible.

In the event the employee separates from County employment or has a change in eligibility status for the plan, unused VSP will be paid to the employee as soon as administratively feasible. Reaching 10,434 hours during the plan year is not considered a “change in status” under this provision.

Use of VSP hours are subject to the following guidelines:

1. VSP hours shall be used before other accrued leave except for sick leave or mandated time off under an Unpaid Furlough, Mandatory Time Off, or similar program.
2. Use of VSP hours is subject to the same provisions in Section 15.6, Vacation – Schedules, and require the same pre-approval process as accrued vacation hours.
3. When paid, VSP hours are not taxed and are paid at the same hourly rate of pay as they were deducted.
4. If the value in the VSP bank is not sufficient to cover the employee’s payroll deductions, the employee must arrange for payment with Auditor Payroll.
5. VSP hours will count toward seniority and merit, and will be considered “paid status” for the purposes of health benefits, vacation and sick leave accrual, and holiday pay only.
6. VSP hours will not be credited to retirement service hours, or be included in retirement final annual salary calculation.
7. VSP hours will not be considered paid status hours for shift pay, premium pay, or cash allowance.
8. VSP hours must be depleted prior to receiving Catastrophic Leave or Disaster Leave; Short Term Disability plans may also require depletion of leave, if applicable.
9. VSP hours may be used in conjunction with Workers’ Compensation benefits in the same manner as accrued leave.
10. VSP hours may not be used to extend a date of separation from County employment.

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15.9.2 Implementation of Accruals and Vacation Savings Plan

1. New Accrual Rate: The new accrual rates will be effective as of October 10, 2017, and applied by payroll as soon as administratively feasible following adoption of the Side Letter Agreement by the County of Sonoma Board of Supervisors.
2. Special Open Enrollment for 2018 Plan Year: After adoption, and as soon as administratively feasible (approximately September), the County will provide a special open enrollment for the current plan year (“stub” year), where employees may elect to set aside up to twenty (20) hours of base rate pay.  Employees are eligible to participate in the stub year enrollment if they have at least 4,174 in-service hours as of the beginning of the enrollment period in 2018, and had not yet reached 10,434 hours as of October 10, 2017.
3. Open Enrollment for 2019 Plan Year: In addition to the annual 20 hours available under the Vacation Savings Plan, employees have the option to set aside up to forty (40) additional “catch-up” hours of base rate pay for the 2019 enrollment only. All hours are subject to the same provisions of the Vacation Savings Plan. Employees are eligible for the 2019 enrollment if they have at least 4,174 in-service hours as of the beginning of the enrollment period in 2018, and had not yet reached 10,434 hours as of October 10, 2017.  Eligibility for all subsequent enrollments will be as provided under Article 15.9 - Vacation Savings Plan.

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Extra Help employees are not covered by this Article 15.

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