eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Current Contract

   


ARTICLE 12 - VACATIONS

ARTICLE 12.  VACATIONS
12.1 Accrual of Vacation Time.
a. All full-time, part-time, and relief employees employed prior to September 11, 1998 will earn the following vacation time for each hour paid up to the maximums listed below based on full-time hours paid (1.0 FTE).
 

YEARS OF SERVICE

RATE PER PAID

REGULAR HOUR

NUMBER OF

DAYS PER YEAR

NUMBER OF

HRS. PER YEAR

In 1st through

5th year

.0615 PER HOUR

PAID

16

128

 

After 5th

through 10th

year

.0731 PER HOUR

PAID

19

152

After 10th

through 15th

year

.0846 PER HOUR

PAID

22

176

After 15th

through 20th

year

.0962 PER HOUR

PAID

25

200

After 20th year

.1077 PER HOUR

PAID

28

224

 

b.         All full-time, part-time, and relief employees employed on or after September 11, 1998 will earn the following vacation time for each hour paid up to the maximums listed below based on full-time hours paid (1.0 FTE).

YEARS OF SERVICE

RATE PER PAID

REGULAR HOUR

NUMBER OF

DAYS PER YEAR

NUMBER OF

HRS. PER YEAR

In 1st through

5th year

.0461 PER HOUR

PAID

12

96

 

After 5th

through 10th

year

.0576 PER HOUR

PAID

15

120

After 10th

through 15th

year

.0692 PER HOUR

PAID

18

144

After 15th

through 20th

year

.0807 PER HOUR

PAID

21

168

After 20th year

.0923 PER HOUR

PAID

24

192

 
12.1.1 Years of service.  Time spent by an employee in the Peace Corps, military, educational, or job incurred disability leave without pay shall be considered in determining years of service for purposes of vacation accrual.
12.1.2 Restoration of accrual rates.  Employees who, following termination of employment, return to a regular position within two (2) years shall be given credit for years of service prior to their termination.  All time employed outside of the bargaining unit, including periods with academic rank, shall be counted as long as there is not a break in service of more than two (2) years.
12.2 Rate of Pay.  Compensation for use of accrued vacation shall be at the employee’s prevailing straight time rate of pay.
12.3 Use of Vacation.  Vacation benefits shall be used for scheduled absence at the discretion of the employee consistent with the scheduling provisions of Section 12.4.  Vacation may also be used for unscheduled absences consistent with the Oregon Family Leave Act (OFLA) and the Family Medical Leave Act (FMLA).  An employee shall notify his/her supervisor in writing of the amounts and type of each accrued leave time to be used for the paid leave prior to the taking of the leave.
12.4 Scheduling of Vacations.
12.4.1 Unit procedures.  Managers and employees in each work unit are strongly encouraged to utilize the consensus process to develop procedures for requesting and granting time off for vacations and holidays that best suit the needs and demands of that unit.  Such procedures may vary in whole or in part from the provisions of this Section 12.4, which shall apply only if such consensus-based procedures are not developed in the work unit. 
12.4.2 Vacation opportunities.  The Employer recognizes its obligation to provide employees with the opportunity to utilize a combination of accrued vacation benefits and compensatory time each year at each employee’s annual vacation accrual level. The Employer shall use its best efforts to provide vacation time off at times requested by employees consistent with the Employer’s operational needs.  The Employer will determine, as of December 31st of each year, the number of employees to be off at any one time throughout the vacation year as described below in Section 12.4.3.  Nothing prevents the Employer from offering additional vacation opportunities at various times during the year if business conditions permit. 
12.4.3 Submission and granting of vacation and holiday time off requests.  For the vacation year beginning on May 1st and continuing through April 30th of the following year, regular employees and relief employees will initially submit their written vacation and holiday time off requests in two rounds.  All requests for scheduled time off will include last day available to work and first day returning to work.  Vacation requests for a block of time that encompasses a recognized holiday are deemed to include the holiday.  Vacation and holiday time off requests will be granted consistent with the needs of the Employer and the opportunities posted in Section 12.4.2.  If two or more employees request paid leave for the same or overlapping time periods, but one or more of these requests cannot be granted and the matter cannot be resolved by agreement between the employees concerned, the employee having the greatest seniority shall be granted the paid leave.
a. Vacation year opportunities will be posted no later than January 10th.
b. For the first round, employees must submit their requests no later than January 31st.  No more than four (4) total weeks of total time off, and no more than four (4) separate requests for time off, will be granted for any employee in this round.  No more than three (3) of the recognized holidays listed in Section 11.1 may be included in an employee’s first round requests.  Managers or their designees will notify employees whether their requests have been granted or denied and will post the approved vacations no later than February 21st. 
c. Once every five (5) years, an employee may request in the first round a block of time off greater than four (4) and not more than six (6) weeks.  In the event that not all such requests on a work unit may be granted, requests will be granted on a rotational basis, beginning with the most senior employee.  
d. For the second round, employees must submit their requests no later than March 10th.  There are no limitations in this round on the number of requests or the aggregate time off requested.  Managers or their designees will notify employees whether their requests have been granted or denied and will post approved vacations and holidays no later than March 31st. 
e. Written paid leave requests submitted after March 10th, except when leave is otherwise allowed by federal or state law, must be submitted two pay periods in advance for paid leaves of one (1) week or more, and as much time in advance as possible for paid leaves of less than one (1) week. Such requests will be granted on a first-come first-served basis.  Requests for leave of one week or more shall be granted or denied within fourteen (14) days of the request.  Requests for leaves of less than one week shall be granted or denied as soon as possible based on available time off as designated by the manager.  The approved paid leave schedule will be visibly posted in the work area.
12.4.4 Notice of paid leave cancellation.  Employees must provide at least forty-five (45) days’ notice of cancellation of a paid leave of one (1) week or more.  Employees must provide at least thirty (30) days’ notice of cancellation of a paid leave of less than one (1) week when position replacement during the leave is required.  Employees must provide at least two (2) days’ notice of cancellation of a paid leave of less than one (1) week when position replacement during the leave is not required.  If an employee fails to provide notice required under this paragraph, the Employer has no obligation to schedule the employee for work during the paid leave. 
12.4.5 Ineligibility for previously approved vacation.  Employees are required to have sufficient accrued vacation and compensatory time to cover the entire paid leave at the time of use.  An employee will be considered ineligible for a previously approved leave if, as of the date of the posting of the schedule during which the paid leave is scheduled (or thirty (30) days prior to the scheduled leave on units where a schedule is not posted), it is apparent that the employee will not have sufficient accrued time to cover the scheduled leave.  If the employee still desires the time off, it shall be treated as a request for unpaid leave.
12.4.6 Other changes to previously approved vacation.  An employee who seeks to change his/her previously approved paid leave period shall be allowed to do so based on available time off as designated by the manager.  No such change shall require any other employee to change that employee’s paid leave schedule.
12.5 Accrual Limit.  The maximum vacation accrual will be three hundred (300) hours.  When an employee reaches the accrual of two hundred fifty (250) hours of vacation, the employee may request and the Employer shall arrange for the employee to take time off if operating requirements permit.  Employees are responsible for utilizing their vacation time in a manner that does not put them at risk of exceeding the 300-hour maximum, and managers are responsible for providing employees with the opportunity to so utilize their vacation time.  The Employer will provide bargaining unit employees semiannually, in October and April, with a notice advising them of the limitation on accruals and the cash out option. 
12.6 Cashout of Accrued Time.
12.6.1 Pay upon termination.  An employee who is laid off or terminates after thirteen (13) full pay periods of service shall be paid upon termination from service for accrued vacation hours not to exceed two hundred fifty (250) hours.  An employee may not receive cash payment during the first thirteen (13) pay periods of service for unused vacation hours.
12.6.2 Military or educational leave.  An employee on a military or educational leave of absence without pay in excess of thirty (30) days shall be paid for vacation hours accrued up to the end of the last full pay period of service with the Employer.
12.6.3 Voluntary cashout.  Employees will be afforded the opportunity to request cashout of accrued but unused vacation time (provided they have a vacation accrual balance of 120 hours or more) and compensatory leave hours two (2) times annually as follows:  (1) in November for the period of January through June of the following year, and (2) in May for the following period of July through December.  
a. The cashout election is irrevocable.  The employee must designate the number of hours he or she wishes to cash out and the paycheck on which the payment should be reflected.  The hours will be converted to cash at the base pay rate in effect at the time cashout occurs.  
b. The maximum cashout of vacation time allowed for each 6-month period is forty (40) hours.  Hours available for cashout are limited to those that accrue in the 6-month period for which cashout is requested.  Hours cashed out on the payment date will be the greater of the amount of all hours requested (up to 40) or the amount of vacation time remaining unused for the period in question.  Employees are not allowed to access hours accrued in a prior period to reach the original cashout elected.  
12.7 Vacation Donation Pool.  
12.7.1 Donation eligibility.  A regular employee, may be eligible, consistent with the Employer’s policy, to receive donations to the employee’s sick leave bank from an institution-wide pool maintained by the Employer (“Pool”) only if all the conditions described below are met:
a. The employee is absent from work due to a medical emergency which is defined as a medical condition of the employee or employee’s immediate family or household, as defined in Section 13.3.2 of the Agreement, that will require the employee’s absence from work for a period of fourteen (14) consecutive days or more.
Unless provided to the contrary by law, the employee has the responsibility to arrange for the care of the ill or injured immediate family or household member; and
b. The employee has exhausted all vacation, compensatory time and sick leave; and
c. The employee does not qualify for disability insurance benefits, worker’s compensation coverage or retirement benefits.
Employees who believe that they meet these criteria may make a request for donation eligibility by contacting Human Resources.  Human Resources will review all such requests to assure adherence to these criteria.  Employees may indicate whether they wish their eligibility to be revealed to potential donors.
12.7.2 Donation process.  The Pool shall consist of vacation hours donated voluntarily by employees.  Bargaining unit members may donate vacation hours to the Pool at any time.  They may not donate more vacation hours than they accrue during the calendar year.  Donations to the Pool shall be converted to a dollar amount based upon the donor’s salary rate.  Once hours are donated, they may not be returned to the donating employee.
Eligible employees may receive donations from the Pool to their sick leave bank in full hour increments up to a maximum of 480 hours per calendar year.  Donations to the recipient employee’s sick leave bank shall be at his/her hourly rate.  Donated sick leave may not be cashed out.
 


   

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