We are reminding members that they should review their Vacation Leave and Personal Leave accruals and strongly encouraging them to submit requests to use their accruals before they are forfeited. While the dates for forfeiting these accruals were extended, some members will be at risk of losing accruals if they do not use them in the very near future.  The extension for Vacation Leave ends on December 31, 2020. And any member with a Personal Leave anniversary after August 31, 2020, will lose any unused Personal Leave on their upcoming Personal Leave anniversary date. 

Personal Leave
While the date for forfeiting Personal Leave accruals was extended by one year for certain members with anniversary dates between March 9 and August 31 (details below), the State has not expanded this to include members with anniversary dates after August 31. We are strongly encouraging members at risk of losing Personal Leave accruals to request time off as soon as possible. Members should save all of their requests to use Personal Leave along with the responses they receive. This will enable us to determine whether requests to use Personal Leave are generally being honored and accommodated, and if not, take action as appropriate.  

In an MOU dated May 15, 2020, it was agreed that under certain conditions employees would be able to keep their unused Personal Leave until their next anniversary date. In general terms, the MOU applied to employees who were unable to use their Personal Leave due to the State’s response to the coronavirus and had a Personal Leave anniversary date between March 9, 2020, and August 31, 2020. Instead of forfeiting their Personal Leave on their Personal Leave anniversary date, as would normally happen, they would be allowed to carry over their unused Personal Leave until their next Personal Leave anniversary date, at which time it would be forfeited if not used. Members with Personal Leave anniversary dates after August 31 are not covered by this extension. The specific language of this agreement is presented below and should be referred to for a precise explanation of the extension.
 

Vacation Leave

An MOA was signed on March 11, 2020, that extended the date of the forfeiture of excess Vacation Leave accruals from COB March 31, 2020, to COB December 31, 2020. The extension applied only to circumstances in which an employee could not use their Vacation Leave accruals because of the State’s response to the coronavirus. Despite our repeated attempts to obtain another extension, the State has not taken any action. 

We are strongly encouraging members at risk of losing Vacation Leave accruals to request time off as soon as possible. Members should save all of their requests to use Vacation Leave along with the responses they receive. This will enable us to determine whether requests to use Vacation Leave are generally being honored and accommodated, and if not, take action as appropriate.  The specific language of this agreement is presented below and should be referred to for a precise explanation of the extension. 

Text from memo regarding Personal Leave

Employees engaged in the response efforts or who are unable to utilize “Personal Leave” (PL) due to ongoing response efforts who would otherwise forfeit unused PL on their anniversary date shall be allowed to carry such unused PL forward. This shall only apply to unused PL that was or would have been forfeited by bargaining unit members between the dates of 3/9/20 through 8/31/20. (For example, a bargaining unit member has an anniversary date of 3/24/20, they still have 1 remaining day of PL as 3/23/20 and due to the response effort is unable to use the PL day. In this case on 3/24/20 this member would be allowed to have 6 PL days. Five (5) new PL days in addition to the 1 carried forward). All personal leave standing to the employee’s credit on their anniversary date falling from 3/9/20 up to and including 8/31/20 (in this example 3/24/20) would expire on the day before their following anniversary date, if unused. 

This shall be applicable to all bargaining unit members who earn personal leave.

Text from memo regarding Vacation leave

1.  Employees engaged in the response efforts or unable to utilize vacation leave due to the ongoing response efforts who would otherwise forfeit accrued vacation leave on April 1, 2020 pursuant to Article 12.4(c) of the 2016-19 State/PEF Agreement will be given until the close of business on December 31, 2020 to use such excess vacation credits. Any such unused excess vacation credits as of the close of business in December 31, 2020 will be forfeited by employees. Thereafter, forfeiture of vacation credits shall be governed by operative language from the applicable collective bargaining agreement between the State and PEF. Nothing herein shall affect vacation credits accrued by eligible employees after April 1, 2020.

2.  Should the parties mutually agree to further extend the deadline for forfeiture of excess vacation credits beyond December 31, 2020, nothing herein shall prohibit such agreement. Any such agreement must be made in writing and finalized prior to December 31, 2020.