Balancing of Vacation Leave. An employee’s accumulated vacation time in excess of 280 hours shall be forfeited as of December 31st of each calendar year.
Balancing of Vacation Leave. An employee's accumulated vacation time in excess of thirty-five days shall be forfeited as of the end of business on December 31st of each calendar year. It is the responsibility of the head of an employing agency to provide reasonable opportunity for a State employee to use rather than forfeit accumulated vacation leave. If a State employee makes a reasonable written request to use vacation leave before the leave must be forfeited under this section and the employing agency denies the request, the employing agency shall pay the State employee the cash equivalent of the amount of forfeited vacation leave that was requested and denied. Such cash payment shall be made within thirty days after the requested and denied vacation leave is forfeited under this section. Such cash payment shall be considered compensation for purposes of a State employee's retirement benefit in a defined contribution or cash balance benefit plan administered by the Public Employees Retirement Board but shall not be considered compensation for purposes of a State employee's retirement benefit in any other defined benefit plan administered by the Public Employees Retirement Board. In determining whether a State employee’s request to use vacation leave is reasonable, the employing agency shall consider the amount of vacation leave requested, the number of days remaining prior to forfeiture during which the State employee may take vacation leave, the amount of notice given to the employing agency prior to the requested vacation leave, any effects on public safety, and other relevant factors.
