Common use of Availability to Use Clause in Contracts

Availability to Use. PTO begins to accrue on the first day of the calendar month after an employee’s date of hire, but may not be used until completion of three (3) calendar months of continuous employment with CDS as a bargaining unit employee. Thereafter, all hours are available for use beginning with the pay period following the month in which it is earned. PTO may not be taken before it is actually accrued. For Academic year employees, a maximum of three (3) days of PTO will be available for use as personal leave by an employee in a fiscal year. Requests for personal leave shall follow the guidelines for Scheduled PTO set forth in Section 8 below. In the event a calendar year employee moves to an academic year position with an existing PTO balance, the employee’s use of the existing PTO balance shall be in accordance with the provisions regarding use of PTO by an academic year employee. In the event such employee has existing plans to take more than two (2) consecutive days of PTO (i.e. for vacation), and the employee submits a written request to the Site Director to take such leave prior to moving to the academic year position, CDS may approve the PTO request based on the operational needs of the Regional Site. If there are more unapproved requests for PTO pending than the Site Director can permit due to operational needs, seniority shall determine who is allowed the time off.