The bargaining agreements and Civil Service Rules provide for the accrual and utilization of vacation time for State employees.
The monthly vacation accrual rates for full-time employees are as follows, based on each completed full month of service:
- First ten years of continuous service: 10 hours
- Beginning the 11th year, through the end of the 15th year of service: 12 hours
- Beginning the 16th year, through the end of the 20th year of service: 14 hours
- Beginning the 21st year of service and thereafter: 16 hours
For part-time employees, the accrual rates listed above are prorated in proportion to their authorized part-time hours. For example, a 20-hour employee would accrue vacation at 5 hours per month during the first 10 years. The years of service necessary to advance to a higher rate are not prorated. Using the same example, a 20-hour employee would accrue 6 hours per month beginning the 11th year of service.
Intermittent employees are unique. Intermittent employees do not accrue vacation until the completion of 1,040 hours of actual work. After completing 1,040 hours of actual work, intermittent employees begin accruing vacation for each 173 hours of actual work. Because of the inherent nature of intermittent work, intermittent employees do not have an established accrual date or established hours from which vacation accrual can be derived. The only limitation to the hours an intermittent employee can work is the total annual authorized hours for the position. Since accrual can only be based upon annual authorized hours, intermittent employees accrue vacation each 173 hours of actual work, regardless of the rate of pay (regular or premium rate) in effect when the hours are worked.
Continuous state service is also a factor in determining the vacation accrual rate:
- For Executive Branch employees, previous service in the Legislative Branch or Judicial Branch is considered continuous service for purposes of vacation accrual, if there was no break in service. (Note: Previous service in the Legislative Branch or Judicial Branch will not be considered in the Executive Branch if there was a break in service.)
- If a former state employee is subsequently rehired into a position assigned to a bargaining unit, vacation will accrue as it would for a new employee (10 hours per month) for the first three years after re-employment. After the completion of three years, the employee will then accrue vacation based on total service.
- Vacation accrual rates for Confidential employees are based on the total years of State service, whether or not such service is continuous. State service includes service as a legislator, legislative staff, and service in the Judicial Branch.
Non-status acting capacity employment or project employment is not considered state service for purposes of calculating service dates or accrual rates. Non-State employees serving in an acting capacity assignment may begin to accrue vacation after 90 days of continuous service. Project employees do not accrue vacation at any time during the assignment.
The method of accruing vacation varies, depending on the position, as follows:
- Employees whose positions are assigned to bargaining units (MSEA, AFSCME, MSTA) accrue vacation at the appropriate rate for each full month of continuous service.
- Practices vary among agencies as to when vacation time is posted. Agency human resource representatives should be consulted regarding actual accrual dates.
- Employees whose positions are designated Confidential are advanced vacation hours which will be earned for the coming year, effective January 1 of each year. The advanced hours are combined with unused vacation from the previous year.
- Confidential employees who are employed after January 1 will be advanced vacation at the appropriate rate from the date of hire to the end of the calendar year.
- Confidential employees who separate from State service before the end of a calendar year are compensated only for hours which were actually earned up to the time of separation, up to the maximum accrual limit.
The maximum vacation accrual also varies, depending on the position, as follows:
- The maximum accrual rate for employees whose position is assigned to the Administrative Services Unit (MSEA), the Professional-Technical Services Unit (MSEA), the Operations, Maintenance and Support Services Unit (MSEA), the Law Enforcement Unit (MSLEA), and AFSCME:
- Less than 15 years of service = 240 hours
- More than 15 years of service = 320 hours
- The maximum accrual rate for employees whose position is assigned to the Supervisory Services Unit (MSEA) and the Maine State Troopers Association (MSTA)
- Less than 15 years of service = 260 hours
- More than 15 years of service = 340 hours
- The maximum accrual rate for employees whose position is Confidential
- Less than 16 years of service = 320 hours
- 16 or more years of service = 400 hours
The employee’s immediate supervisor approves vacation leave. Vacation leave should be requested as far in advance as possible. Except where operational needs require otherwise, employees are entitled to use accrued vacation at the times of their choice and may not be unreasonably denied. In the event that scheduling problems emerge due to multiple vacation requests, the bargaining agreements provide for a resolution based on seniority. In this situation, human resource representatives should be consulted.
An employee transferring from one agency to another agency, without a break in State service, is entitled to:
- Transfer all accumulated vacation leave.
- Be paid for all of his or her accumulated vacation leave credits, and begin accruing vacation in the new position.
- Transfer some of the accumulated vacation leave and be paid for the balance.
Rev022800PJS Rev06152012JTC Rev02162018JTC