Long Service Leave (1) Subject to subclause (3) of this clause, an employee who has completed ten years’ continuous service with the employer shall be entitled to
(a) up to 31 December 2006, ten weeks’ long service leave
(b) from 1 January 2007, thirteen weeks’ long service leave
(c) For each subsequent period of ten years’ service an employee shall be entitled to an additional thirteen weeks’ long service leave.
(2) An employee who has accrued a minimum entitlement of ten weeks’ long service leave shall be entitled to take such leave.
(3) Employees are entitled to take long service leave in minimum periods of one week.
(4) In calculating an employee’s entitlement under this clause, continuous service with the employer prior to the 1st day of January 1997 shall be taken into account in the following manner:
(a) In the case of an employee who has already accrued an entitlement to long service leave with the employer prior to the 1st day of January, 1997, the employee shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (1) of this clause.
(b) In the case of an employee who, at the 1st day of January 1997, had not accrued an entitlement to long service leave, the employee’s entitlement shall be calculated on the following basis: For any period of continuous employment prior to the 1st day of January 1997, an amount calculated on the basis of 13 weeks’ long service leave on full pay for each 15 years of continuous service, in accordance with the relevant award.
(c) In the case of employees who have worked less than full-time during the accrual period, long service leave shall be paid at the rate of the average of hours worked over the accrual period.
(5) The expression “continuous service” includes any period during which the employee is absent on full pay from their duties, but does not include:
(a) Any period exceeding two weeks during which the employee is absent on leave without pay. In the case of leave without pay which exceeds eight weeks in a continuous period, the entire period of that leave is excised in full;
(b) Any service of an employee who resigns or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which they are dismissed by the employer, when that prior service has actually entitled the employee to long service leave under this clause.
(6) Any entitlement to annual leave that falls due during the period of long service leave shall be recognised as extra leave and not included in the long service leave.
(7) Any public holiday which occurs during the period an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.
(8) Where an employee has become entitled to a period of long service leave in accordance with this clause, the employee shall commence such leave as soon as possible after the accrual date, or in a manner mutually agreed between the employer and employee.
(9) Payment for long service leave shall be made;
(a) in full before the employee goes on leave, or
(b) by the normal fortnightly payment intervals;
(c) or by agreement between the employee and the employer.
(10) Where an employee has completed at least 7 years’ service but less than 10 years’ service and employment is terminated-
(a) by their death;
(b) in any circumstances, other than serious misconduct, the amount of leave shall be such proportion to the number of completed years of such service bears to 10 years.
(11) In the case to which subclause (8) of this clause applies and in any case in which the employment of the employee who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of employment otherwise than by death, pay to the employee and upon termination by death, pay to the personal representative of the employee upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which they are entitled or deemed to have been entitled and which would have been taken but for termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.
(12) Where an employee is ill during a period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence that would satisfy a reasonable person that as a result of illness or injury the employee was confined to their place of residence or a medical facility for a period of at least fourteen (14) consecutive days, the employer shall grant sick leave for the period the employee was so confined and reinstate long service leave equivalent to the period of confinement.
VACATIONS A. Classified employees who have completed nine months of service shall be entitled to five-sixths (5/6ths) of a workday of paid vacation for each month of service in which more than one-half (1/2) of the working days have been served in paid status.
B. Vacations for employees who are assigned to ten (10) or eleven (11) month work years shall be taken on specified dates during recess vacation periods.
C. Earned vacation shall not become a vested right until completion of the probationary nine (9) months of employment.
D. This section shall not apply to substitute, short-term, or limited-term employees, as they are defined in Education Code.
E. An employee terminating for any reason shall be paid for any unused vacation earned.
F. Vacation may be taken at any time during the fiscal year if approved by the immediate supervisor. Requests for approval of vacation dates shall be submitted two months prior to requested vacation if the requested vacation period is for five or more consecutive days. The employee shall be notified in writing of approval or disapproval of his/her requested vacation within two weeks of submitting the request. If no response is given, it shall be assumed that the vacation is granted. For shorter than five consecutive days, the vacation dates shall be mutually agreed upon by the employee and his/her immediate supervisor. If the employee cannot take his/her vacation as scheduled due to circumstances beyond his/her control, the vacation may be rescheduled with the approval of the immediate supervisor. A rescheduling request shall be submitted as soon as the employee knows of the necessity for doing so.
G. The District will make every effort to accommodate the employee's request for all vacation.
H. When more than one person within a classification requests the same vacation period, the vacation request from the employee with more seniority shall be honored first.
I. Beginning July 1, 2006, no employee shall be entitled to carry over a balance of more than 25 days vacation from one fiscal year to the next. On or before June 30 of each year the employee shall use the vacation days accumulated over the 25 day cap, except as provided in 18.1.J.
J. Those employees who, prior to April 1, 1985, have vacation days accumulated ("banked days") may elect to: 1) use those days, 2) be paid for them on a pro-rated basis over three years, 3) carry them until retirement or termination from District employment, or,
Vacation Scheduling a) Vacations may be requested at any time of the year, subject to the restrictions below. The supervisor, or designate, will grant requests subject to operational requirements and in accordance with such vacation quotas as the Employer may set from time to time. Employees shall be advised of vacation quotas one month prior to the employees being required to submit their requests. Such quotas will not be unreasonably restrictive.
b) Requests for vacation time from the Monday immediately following June 20th to the Sunday immediately following Labour Day (summer period) shall be made in writing to the Employer not later than March 1st in that year. The Employer will respond to such requests in writing by April 1st. An employee may be approved for a maximum of three (3) weeks of vacation during these peak times.
c) Requests for Christmas/New Year’s vacation time between the Monday immediately following December 15th and the Sunday immediately following January 1st shall be made in writing to the Manager or designate not later than August 1st in that year. The Employer will respond to such requests in writing by September 1st. An employee may be granted a maximum of one (1) calendar week (or part thereof) over this period.
d) March Break vacation requests shall be submitted to the immediate Manager or designate not later than November 1st of the preceding year. The Employer shall respond in writing by December 1st.
e) In the event that the number of employees in each department or team requesting vacation for or during any part of the above peak periods exceeds the number which the Employer has determined might be permitted vacation at that time, priority will be given based on seniority as per the posted seniority list.
f) Notwithstanding e) above, in granting vacation requests during peak periods, the Employer will grant requests for full weeks of vacation prior to granting requests for partial weeks of vacation, so that a request for less than one week’s vacation cannot prevent another employee from taking a full week of vacation. A full week of vacation shall be defined as Monday through Sunday.
g) Requests for vacation for other periods outside of peak times shall be submitted by the employee to their immediate supervisor not less than three (3) weeks prior to the first day of the vacation period. The immediate supervisor shall reply within one (1) week from the date of the request. These requests shall be considered on the basis of first come first served.
h) If a request is submitted outside of the time period outlined above or additional vacation time becomes available, it may be approved at the Employer's discretion provided no employee, who submitted in compliance with the above timelines, was denied the same time period.
Managed Services HP will provide the services as described in a Statement of Work (“SOW”) attached to this Agreement or incorporating it by reference. Each party will appoint a single point of contact as set forth in the SOW who will serve as their primary representative, have overall responsibility for managing performance, and meet with the other party’s representative to review progress. Change requests are governed by the change management procedures as set forth in the SOW.
