Common use of Payment in Lieu of Vacation Clause in Contracts

Payment in Lieu of Vacation. a) If because of operating needs the Employer cannot grant an employee's request for vacation time within the twenty-four (24) month period after the expiration of the calendar year such time was earned, such vacation time shall be liquidated in cash at straight time provided the employee has made at least three (3) requests, each for different time periods, for such time within the calendar year preceding liquidation, or it may be accumulated indefinitely subject to the provisions of this Article. b) No salary payment shall be made in lieu of vacation earned but not taken except as in (a) above and on termination of employment for eligible employees with at least six (6) months of continuous service in which case the effective date of termination shall not be extended by the number of days represented by said salary payment. c) An employee who is indeterminately laid off pursuant to Article XX, Section 2, may receive lump sum payment in lieu of unused vacation under this Section at the request of the employee and with determination by the agency that funds are so available, otherwise the employee shall be paid from the regular payroll on a day-for-day basis until such accrued vacation is liquidated. Such liquidation of vacation benefits does not extend the effective date of layoff and no additional benefits shall be earned or granted during such period of liquidation of vacation benefits. In the event an agency specifies in the layoff plan approved in accordance with Personnel Rule 302.520 that the employee is to be recalled under Article XX, Section 5, Recall, on a certain date, the payment of salary in lieu of vacation may be withheld, with the payment becoming due on the date the employee is scheduled to return if in fact the employee is not recalled on that date. In the event an employee is returned to active employment in trainee, provisional, probationary, certified or exempt status during such period of liquidation of vacation benefits, payment shall cease and the unpaid balance credited to the employee's vacation account. If the return is to any other status, the liquidation shall be completed, unless the employee requests otherwise.

Payment in Lieu of Vacation. a) If because of operating needs the Employer cannot grant an employee's request for vacation time within the twenty-twenty- four (24) month period after the expiration of the calendar year such time was earned, such vacation time shall be liquidated in cash at straight time provided the employee has made at least three (3) requests, each for different time periods, for such time within the calendar year preceding liquidation, or it may be accumulated indefinitely subject to the provisions of this Article. b) No salary payment shall be made in lieu of vacation earned but not taken except as in (a) above and on termination of employment for eligible employees with at least six (6) months of continuous service in which case the effective date of termination shall not be extended by the number of days represented by said salary payment. c) An employee who is indeterminately laid off pursuant to Article XX, Section 2, may receive lump sum payment in lieu of unused vacation under this Section at the request of the employee and with determination by the agency that funds are so available, otherwise the employee shall be paid from the regular payroll on a day-for-day basis until such accrued vacation is liquidated. Such liquidation of vacation benefits does not extend the effective date of layoff and no additional benefits shall be earned or granted during such period of liquidation of vacation benefits. In the event an agency specifies in the layoff plan approved in accordance with Personnel Rule 302.520 that the employee is to be recalled under Article XX, Section 5, Recall, on a certain date, the payment of salary in lieu of vacation may be withheld, with the payment becoming due on the date the employee is scheduled to return if in fact the employee is not recalled on that date. In the event an employee is returned to active employment in trainee, provisional, probationary, certified or exempt status during such period of liquidation of vacation benefits, payment shall cease and the unpaid balance credited to the employee's vacation account. If the return is to any other status, the liquidation shall be completed, unless the employee requests otherwise.

Payment in Lieu of Vacation. a) If because of operating needs the Employer cannot grant an employee's request for vacation time within the twenty-four (24) month period after the expiration of the calendar year such time was earned, such vacation time shall be liquidated in cash at straight time provided the employee has made at least three (3) requests, each for different time periods, requests for such time within the calendar year preceding liquidation, or it may be accumulated indefinitely subject to the provisions of this Article. b) . No salary payment shall be made in lieu of vacation earned but not taken except as in (a) noted above and on termination of employment for eligible employees with at least six (6) months of continuous service in which case the effective date of termination shall not be extended by the number of days represented by said salary payment. c) . An employee who is indeterminately laid off pursuant to Article XXXI, Section 2, may receive lump sum payment in lieu of unused vacation under this Section at the request of the employee and with determination by the agency that funds are so available, otherwise the employee shall be paid from the regular payroll on a day-forday- to-day basis until such accrued vacation is liquidated. Such liquidation of vacation benefits does not extend the effective date of layoff and no additional benefits shall be earned or granted during such period of liquidation of vacation benefits. In the event an any agency specifies in the layoff plan approved in accordance with Personnel Rule 302.520 that the employee is to be recalled under Article XXXI, Section 5, Recall4, on a certain date, the payment of salary in lieu of vacation may be withheld, with the payment becoming due on the date the employee is scheduled to return if in fact the employee is not recalled on that date. In the event an employee is returned to active employment in trainee, provisional, probationary, certified or exempt status during such period of liquidation of vacation benefits, payment shall cease and the unpaid balance credited to the employee's vacation account. If the return is to any other status, the liquidation shall be completed, unless the employee requests otherwise.