Common use of Vacation/Annual Leave Clause in Contracts

Vacation/Annual Leave. 1. Each employee of the bargaining unit shall be entitled to accrue up to one hundred and seventy- six (176) hours leave, with pay, annually. The amount of annual leave to which an employee shall be eligible and the rate of accrual shall be in accordance with the following schedule: Seniority Hours of Annual Leave Per Year Hours Accrued Per Pay Period Hire date thru Year 1 80 3.33 2 96 4.00 3 112 4.67 4 120 5.00 5 128 5.33 6 136 5.67 7 144 6.00 8 152 6.33 9 160 6.67 10 168 7.00 11 176 7.33 2. The computation of annual leave accrual shall be consistent with the employee's seniority accrual. However, annual leave shall not be scheduled during an employee's initial six (6) months of employment, nor will an employee be paid in lieu of any annual leave accrual upon termination before completion of six (6) months of employment. 3. Employees with more than six (6) months of seniority shall be paid an amount in lieu of any annual leave to which they are entitled upon termination, not to exceed twenty-two (22) days. 4. Employees who are entitled to annual leave may select leave time in accordance with their desires, but consistent with the needs of the District. Normally, annual leave shall be scheduled when school is not in session; these periods shall include when school is not in session during the summer months and winter and spring recess periods. However annual leave may be scheduled by mutual agreement between the supervisor and employees at other times during the school year. Except in emergency situations, the employee shall give at least three (3) working days’ notice to the immediate supervisor that the employee is taking leave under this section and such absence is approved in advance by the employee’s immediate supervisor. For all requests of three (3) or more consecutive days of annual leave, the Supervisor shall reply to the employee’s desired request within five (5) working days following receipt of the request. 5. Should the needs of the District limit the number of periods available for annual leave selection, seniority shall determine which employees may be granted such leave periods. This section shall not apply if staffing shortages exist because of positions that remain unfilled due to the decision of the District.

Vacation/Annual Leave. 1. Each employee of the bargaining unit A. Employees shall not be entitled to accrue up to one hundred and seventy- vacation leave credit for the first six (1766) months of service. On the first day of the monthly pay period following completion of six (6) qualifying monthly pay periods of continuous service, all full-time employees covered by this section shall receive a one-time vacation bonus of forty-two (42) hours leaveof vacation credit. Thereafter, with payfor each additional qualifying monthly pay period, annually. The amount of annual leave to which an the employee shall be eligible allowed credit for vacation with pay on the first day of the following month as follows: 7 months to 3 years 7 hours per month 37 months to 10 years 10 hours per month 121 months to 15 years 12 hours per month 181 months to 20 years 13 hours per month 241 months and over 14 hours per month B. Employees may elect to enroll in the Annual Leave Program to receive annual leave credit in lieu of vacation and sick leave credits. Enrollment into and out of the Annual Leave Program will occur annually during an open enrollment period during the month of April. All enrollments must be received by the employee’s personnel office from April 1 to April 30. The effective date of the election shall be the first day of the June pay period. C. Each full-time employee shall receive credit for annual leave in lieu of the vacation and sick leave credits of this agreement in accordance with the following schedule: 1 month to 3 years 11 hours per month 37 months to 10 years 14 hours per month 121 months to 15 years 16 hours per month 181 months to 20 years 17 hours per month 241 months and over 18 hours per month D. Employees who elect to move to the vacation and sick leave programs will have their accrued annual leave balances converted to vacation. Employees shall have the continued use of any sick leave accrued as of the effective date of this agreement. E. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn Vacation/Annual Leave credits as set forth under subsection A above or C respectively. Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which fall into two (2) consecutive qualifying pay periods shall disqualify the second pay period. F. Part-time and hourly employees shall accrue proportional Vacation/Annual Leave credits, in accordance with the chart shown in section 7 (L) of this Contract. G. Vacation/Annual Leave accrual for employees in multiple positions will be computed by combining all positions, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made. H. Annual Leave that is used for purposes of sick leave is subject to the requirements set forth in section 8.2, Sick Leave, of this Contract. I. Workweek Group 2 employees may take Vacation/Annual Leave credits in fifteen (15) minute increments. J. Work Week Group 2 employees are authorized to use existing fractional Vacation/Annual Leave hours that may have been accumulated. K. Subject to operational needs, the time when Vacation/Annual Leave shall be taken by the employee shall not be unreasonably denied. Employee Vacation/Annual Leave requests shall be submitted and granted or denied in writing in a timely manner. Vacation/Annual Leave can only be cancelled when unanticipated operational needs require it. L. Vacation/Annual Leave requests must be submitted in accordance with the following schedule: Seniority Hours of Annual Leave Per Year Hours Accrued Per Pay Period Hire date thru Year 1 80 3.33 2 96 4.00 3 112 4.67 4 120 5.00 5 128 5.33 6 136 5.67 7 144 6.00 8 152 6.33 9 160 6.67 10 168 7.00 11 176 7.33 2. The computation of annual leave accrual shall be consistent with the employee's seniority accrualdepartmental policies on this subject. However, annual leave when two (2) or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same Vacation/Annual Leave time and approval cannot be given to all employees requesting it, employees shall be granted their preferred Vacation/Annual Leave period in order of seniority (defined as total months of State service in the same manner as Vacation/Annual Leave is accumulated). When two (2) or more employees have the same amount of State service, department seniority will be used to break the tie. Vacation/Annual Leave schedules, which have been established in a work unit, pursuant to the seniority provisions in this Article, shall not be scheduled during affected by employee(s) entering the unit after the schedule has been established. M. If an employee does not use all of the Vacation/Annual Leave that the employee has accrued in a calendar year, the employee may carry over his/her accrued Vacation/Annual Leave credits to the following calendar year to a maximum of six hundred forty (640) hours. A department head or designee may permit an employee to carry over more than six hundred forty (640) hours of accrued Vacation/Annual Leave hours if an employee was unable to reduce his/her accrued hours because the employee's initial : (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking Vacation/ Annual Leave until December 31 because of sick leave; or (5) was on jury duty. N. By June 1 of each calendar year those employees whose Vacation/Annual Leave balance exceeds, or could exceed by December 31, the Vacation/Annual Leave cap of subsection M. must submit to their supervisor for approval a plan to use Vacation/Annual Leave to bring their balance below the cap. If the employee fails to submit a plan, or adhere to an approved plan, the department head or designee has the right to order an employee to take sufficient Vacation/Annual Leave to reduce the employee’s Vacation/Annual Leave balance or potential balance on December 31 below the cap specified in subsection M. O. Upon termination from State employment, the employee shall be paid for accrued Vacation/Annual Leave credits for all accrued Vacation/Annual Leave time. P. An employee who returns to State service after an absence of six (6) months of employmentor longer, nor will an employee be paid in lieu of any annual leave accrual upon termination before caused by a permanent separation, shall receive a one-time vacation credit on the first monthly pay period following completion of six (6) months qualifying pay periods of employment. 3. Employees with more than six (6) months of seniority shall be paid an amount in lieu of any annual leave to which they are entitled upon termination, not to exceed twenty-two (22) days. 4. Employees who are entitled to annual leave may select leave time continuous service in accordance with their desires, but consistent with the needs of the District. Normally, annual leave shall be scheduled when school is not in session; these periods shall include when school is not in session during the summer months and winter and spring recess periods. However annual leave may be scheduled by mutual agreement between the supervisor and employees at other times during the school year. Except in emergency situations, the employee shall give at least three (3) working days’ notice to the immediate supervisor that the employee is taking leave under this section and such absence is approved in advance by the employee’s immediate supervisor. For all requests of three (3) or more consecutive days of annual leave, total State service before and after the Supervisor shall reply to the employee’s desired request within five (5) working days following receipt of the requestabsence. 5. Should the needs of the District limit the number of periods available for annual leave selection, seniority shall determine which employees may be granted such leave periods. This section shall not apply if staffing shortages exist because of positions that remain unfilled due to the decision of the District.

Vacation/Annual Leave. 1. Each employee of the bargaining unit 14.1 Vacation shall be entitled to accrue up to one hundred earned and seventy- six (176) hours leave, with pay, annually. The amount of annual leave to which an employee shall be eligible and accumulated as provided in the rate of accrual shall be in accordance with the following schedule: Seniority Hours of Annual Leave Per Year Hours Accrued Per Pay Period Hire date thru Year 1 80 3.33 2 96 4.00 3 112 4.67 4 120 5.00 5 128 5.33 6 136 5.67 7 144 6.00 8 152 6.33 9 160 6.67 10 168 7.00 11 176 7.33 2. The computation of annual leave accrual shall be consistent with the employee's seniority accrual. However, annual leave shall not be scheduled during an employee's initial six (6) months of employment, nor will an employee be paid in lieu of any annual leave accrual upon termination before completion of six (6) months of employmentMontana Codes Annotated. 3. Employees with more than six (6) months 14.2 Vacation time earned but not used at the time of seniority termination shall be paid an amount in lieu of any annual leave the employee at his/her base pay. Vacation time shall be granted at the time requested subject to which they are entitled upon termination, not to exceed twenty-two (22) days. 4. Employees who are entitled to annual leave may select leave time in accordance with their desires, but consistent with the operational needs of the Districtdepartment. Normally, annual leave Vacations shall be scheduled posted and the most senior employee shall have the first choice as to his/her vacation time. Additionally, he/she shall be given a choice of a split vacation if he/she so desires. 14.3 Vacations shall be posted so that vacations start on January 1st and end on December 31st of each year. If an employee desires to take his/her vacation other than the period requested, he/she must contact his/her immediate supervisor and arrange for same. All vacations are to be based on each employee's date of hire anniversary. 14.4 All vacations will be posted between January 1st and through the third Friday in March. All approved vacation shall be posted by April 1st. Any protest over vacation dates must be submitted, in writing, to the division head before May 1st or no adjustments will be made. 14.5 In the case of vacation schedules, seniority shall govern by division with the most senior employee given first choice of when school is he/she shall take his/her vacation, which shall not in session; these periods shall include when school is not in session during the summer months and winter and spring recess exceed two vacation periods. However annual leave may be scheduled by mutual agreement between the supervisor and employees at other times during the school yearSelection of vacation schedules will proceed for remaining employees, based upon seniority. Except in emergency situationsThe definition of vacation period is any time within a division’s work week. On employees’ second choice of vacation schedules, the same selection process as with the first choices applies. Seniority shall apply on the vacation selections for first and second choices. 14.6 Any employee shall give at least who desires three (3) working days’ days or less of accrued vacation may be allowed the requested time off if the employee has accrued sufficient vacation leave, gives twenty- four (24) hours notice to his/her supervisor, and the immediate supervisor that vacation does not interfere with the employee is taking leave under this section and such absence is approved in advance by the employee’s immediate supervisor. For all requests of three (3) or more consecutive days of annual leave, the Supervisor shall reply to the employee’s desired request within five (5) working days following receipt of the request. 5. Should the operational needs of the District limit the number of periods available for annual leave selection, seniority shall determine which employees may be granted such leave periods. This section shall not apply if staffing shortages exist because of positions that remain unfilled due to the decision of the Districtdepartment.

Vacation/Annual Leave. 115.1 All full-time employees are entitled to use vacation leave. 15.2 SCHEDULE FOR VACATION ACCRUAL RATE LENGTH OF SERVICE 56 HR. WORKWEEK MAX ACCRUAL ALLOWED 0 to 1 year 14 168 1 through 5 years 18 252 6 through 10 years 24 324 11 through 15 years 28 372 16 and above 32 460 15.3 Vacation leave shall be issued on the 1st day of each month. All employees will be charged on an hour-for-hour basis for time used as vacation. 15.4 Regular employees who are terminated, resign, or retire, shall be paid for any accrued vacation earned but not taken to the date of termination, resignation or retirement. 15.5 Employees may accrue a total of no more than the “MAX ACCRUAL ALLOWED” amount of unused vacation time as described in the chart above, based on the “LENGTH OF SERVICE”, once every calendar year as of October 1st of each year. 15.6 All requests for vacation leave must be approved by the employee's supervisor and the Fire Chief or his designee in writing before it is approved for usage. If the Fire Chief or his designee are not available, the shift supervisor alone may approve the leave. 15.7 No employee shall be granted vacation leave unless the time granted shall have already accrued or will accrue prior to the start of the vacation. 15.8 Employees shall select shift vacation time by seniority in the District. Vacation time selection shall be accomplished in October for the months of January through June and again in May for the months of July through December. Copies of these lists will be given to the Chief in a timely manner. Vacation selection will begin with the shift employee with the most time in the District and proceed down to the shift employee with the least time in the District. This shall be accomplished on each shift separately. Each employee shall be allowed to select up to 6 consecutive shifts in each of the bargaining unit two listed choosing months. After the last employee has had the opportunity to select vacation time, the vacation calendar shall become open on a “first come, first served” application process. This open process shall apply to only the section of months available, either the first 6 months or the last 6 months. Vacation requests that encompass a holiday, unless previously requested and not taken will have its availability rotated through the remaining shift personnel before a shift member that has previously utilized it for vacation shall be entitled permitted to accrue up to use it again. 15.9 One shift-working employee will be allowed off on vacation leave. 15.10 With the approval of the Chief, a Captain may elect one hundred and seventy- six (176) hours leave, major life event per calendar year as a duty day off with pay, annuallypay if their normal duty day falls on this major life event day. The amount An example is a Captain’s wedding anniversary or birthday of annual leave to which an employee shall be eligible and a spouse. Once the rate of accrual shall be in accordance with the following schedule: Seniority Hours of Annual Leave Per Year Hours Accrued Per Pay Period Hire date thru Year 1 80 3.33 2 96 4.00 3 112 4.67 4 120 5.00 5 128 5.33 6 136 5.67 7 144 6.00 8 152 6.33 9 160 6.67 10 168 7.00 11 176 7.33 2. The computation of annual leave accrual shall be consistent with the employee's seniority accrual. However, annual leave shall major life event day is chosen it cannot be scheduled during an employee's initial six (6) months of employment, nor will an employee be paid in lieu of any annual leave accrual upon termination before completion of six (6) months of employment. 3. Employees with more than six (6) months of seniority shall be paid an amount in lieu of any annual leave to which they are entitled upon termination, not to exceed twenty-two (22) days. 4. Employees who are entitled to annual leave may select leave time in accordance with their desires, but consistent with changed without the needs approval of the District. Normally, annual leave shall be scheduled when school is not in session; these periods shall include when school is not in session during the summer months and winter and spring recess periods. However annual leave may be scheduled by mutual agreement between the supervisor and employees at other times during the school year. Except in emergency situations, the employee shall give at least three (3) working days’ notice to the immediate supervisor that the employee is taking leave under this section and such absence is approved in advance by the employee’s immediate supervisor. For all requests of three (3) or more consecutive days of annual leave, the Supervisor shall reply to the employee’s desired request within five (5) working days following receipt of the requestChief. 5. Should the needs of the District limit the number of periods available for annual leave selection, seniority shall determine which employees may be granted such leave periods. This section shall not apply if staffing shortages exist because of positions that remain unfilled due to the decision of the District.

Vacation/Annual Leave. 1. Each employee of the bargaining unit shall be entitled to accrue up to one hundred and seventy- seventy six (176) hours leave, with pay, annually. The amount of annual leave to which an employee shall be eligible and the rate of accrual shall be in accordance with the following schedule: Seniority Hours of Annual Leave Per Year Hours Accrued Per Pay Period Hire date thru Year 1 80 3.33 2 96 4.00 4 3 112 4.67 4 120 5.00 5 5 128 5.33 6 136 5.67 7 144 6.00 6 8 152 6.33 9 160 6.67 10 168 7.00 7 11 176 7.33 2. The computation of annual leave accrual shall be consistent with the employee's seniority accrual. However, annual leave shall not be scheduled during an employee's initial six (6) months of employment, nor will an employee be paid in lieu of any annual leave accrual upon termination before completion of six (6) months of employment. 3. Employees with more than six (6) months of seniority shall be paid an amount in lieu of any annual leave to which they are entitled upon termination, not to exceed twenty-two (22) days. 4. Employees who are entitled to annual leave may select leave time in accordance with their desires, but consistent with the needs of the District. Normally, annual leave shall be scheduled when school is not in session; these periods shall include when school is not in session during the summer months and winter and spring recess periods. However annual leave may be scheduled by mutual agreement between the supervisor and employees at other times during the school year. Except in emergency situations, the employee shall give at least three (3) working days’ notice to the immediate supervisor that the employee is taking leave under this section and such absence is approved in advance by the employee’s immediate supervisor. For all requests of three (3) or more consecutive days of annual leave, the Supervisor shall reply to the employee’s desired request within five (5) working days following receipt of the request. 5. Should the needs of the District limit the number of periods available for annual leave selection, seniority shall determine which employees may be granted such leave periods. This section shall not apply if staffing shortages exist because of positions that remain unfilled due to the decision of the District.