Oregon University System
Division 21, Conditions of Service
Oregon Administrative Rule (OAR) 580-021-0030
Vacation means absence from work permitting rest and recreation for a specified period of time during which regular compensation continues. Unclassified employees gain vacation privileges only if employed at .50 FTE or more on a 12-month appointment.
Eligible unclassified employees accrue vacation on a monthly basis, beginning the first of the month following date of hire or on the first of the month if an employee is hired the first working day of the month. Vacation accrues on the last day of the month and is available for use the first day of the next month subject to the restrictions in Section (3) of this rule. A 9-month employee appointed to a 12-month contract may receive credit for the previous 9-month contract on a pro-rata basis. Eligible employees with a 12-month, 1.0 FTE contract accrue 15 hours of vacation per month; eligible employees on a .50 FTE or more 12-month contract accrue vacation in proportion to their FTE. An employee who terminates OUS employment before completing the 6-month wait period receives no vacation and is not entitled to compensation for vacation accrued. On February 28, 1998, eligible employees shall be credited with vacation leave on a pro-rata basis at a rate of 14.67 hours per month as if monthly accrual had begun on their last vacation anniversary date or, for those employed fewer than 11 months, on their date of hire.
(3) Wait Period and Maximum Balance
Vacation accrual is available to the unclassified employee for use six months after vacation accrual begins. Until September 1, 1999, there will be no maximum limit on the amount of vacation leave that an employee can accrue. However, effective September 1, 1999, no employee may accrue in excess of 260 hours, and any accrued vacation leave in excess of this cap will be forfeited.
(4) Transfer, Inter-institutional/Unclassified to Unclassified
If an eligible unclassified employee transfers to another unclassified position within the Department and remains eligible for vacation accrual, the employee shall transfer all accrued vacation leave to the new position. However, if there is a break in service of more than 30 days, all accrued vacation pay will be paid off by the sending institution and the employee will be considered a new hire in the new position. Moving from position to position within the same institution shall not be considered a transfer or a break in service for purposes of this rule.
(5) Classified to Unclassified Appointment
If a classified employee of the Department receives an unclassified appointment within the Department and is eligible for vacation leave, the employee may bring up to 80 hours of accrued vacation leave; the receiving department or institution may accept up to 250 hours maximum. The former classified employee shall receive cash compensation from the sending department or institution for any remaining accrued vacation leave. The former classified employee may use accrued vacation without serving a 6-month wait period.
(6) Reduction of Vacation Leave
The accrual of vacation leave is reduced on a pro-rata basis for the period of leave without pay, sabbatical leave and educational leave. Vacation leave is accrued during other periods of paid leave.
(7) Payment for Accrued Vacation Leave
Unclassified employees are not entitled to payment for unused vacation leave except upon termination of employment or upon transfer within the Department to another unclassified position not eligible for vacation benefits. Unclassified employees who transfer to a classified position within State of Oregon employment are subject to applicable OUS rules or collective bargaining agreements governing payment for accrued vacation. The maximum number of hours that can be paid upon termination or transfer is 180 hours.
(8) Scheduling and Use of Vacation Leaves
Vacation leaves are scheduled with the approval of the employee's supervisor and should be planned cooperatively with the employee. Vacation leave should be scheduled in such a manner as to minimize disruption to the organization. Supervisors must be reasonable in allowing the use of vacation leave and may not unreasonably deny vacation requests where the result would be the forfeiture of accrued vacation. For purposes of calculation, one normal work day is the equivalent of eight hours of vacation leave for a full-time employee.
(9) Record Keeping
Each institution is responsible for maintaining the individual records of vacation accrual and use.
(10) Vacation Donation
The transfer of vacation time, for use by another employee, classified or unclassified, is not permitted.
(11) Vacation Borrowing
Employees are not permitted to borrow against vacation that is not yet accrued.
(12) Interim Provisions for Employees Moving from Management Service to Unclassified Service
Vacation leave for employees in management service on November 1, 1996, shall be provided by the policies established in this section.
(a) For those employees who were employed in management service at the time of conversion of their positions to unclassified or academic service on November 1, 1996, up to 176 hours of the employee's current vacation accrual balance shall be credited to each employee's active vacation account. Any hours in excess of 176 hours will be maintained in a reserve vacation account for the employee. Employees have 36 months, until November 1, 1999, to draw upon the reserve vacation account according to the provisions of section (8) of this rule. An employee may be paid for any or all of the hours in the employee's reserve vacation account at the institution's discretion. On November 1, 1999, the institution will pay the employee for any remaining balance in the employee's reserve vacation account at the employee's rate of pay on that date.
(b) Notwithstanding the provisions of subsection (12)(a) of this rule, if an employee's employment with the Department ends prior to November 1, 1999, the employee may receive payment for no more than 250 hours of accrued vacation time. Employees will be paid at the rate of pay they are receiving on their last day of employment with the Department.
(c) Employees who were management service employees on November 1, 1996, and who retired from the Department by June 30, 1997, will accrue vacation on a monthly pro-rata basis at the rate of 176 hours per year between November 1, 1996, and their retirement date.