Alameda County Municipal Code Ch. 3.24 Vacations

Editor's note— Ord. No. 2019-5, § 2, adopted March 12, 2019, repealed § 3.24.010, which pertained to unrepresented M-designated persons employed on or before January 1, 1956 and derived from prior admin. code § 2-9.01 and Ord. No. 96-41.

Each person in the service of the county, except an employee occupying an exempt position as defined in Section 3.24.170 of this chapter, whose employment began on or before January 1, 1956, shall receive as of January 1st of each year a vacation entitlement of .769 working days at full pay for each full-time biweekly pay period employed during the immediately preceding calendar year.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.02)

Each person in the service of the county, except an exempt position as defined in Section 3.24.170 of this chapter, whose employment began after January 1, 1956, shall accrue vacation leave as follows:

A. Two Weeks Accrual. .385 working days at full pay for each biweekly pay period on paid status until the completion of one hundred four (104) biweekly pay periods (four years) of continuous employment.

B. Three Weeks Accrual. .577 working days at full pay for each biweekly pay period on paid status after completion of one hundred four (104) biweekly pay periods (four years) of continuous employment and until the completion of two hundred eighty-six (286) biweekly pay periods (eleven (11) years) of continuous employment.

C. Four Weeks Accrual. .769 working days at full pay for each biweekly pay period on paid status after completion of two hundred eighty-six (286) biweekly pay periods (eleven (11) years) of continuous employment and until completion of five hundred twenty (520) biweekly pay periods (twenty (20) years) of continuous employment.

D. Five Weeks Accrual. .962 working days for each biweekly pay period on paid status after completion of five hundred twenty (520) biweekly pay periods (twenty (20) years) of continuous employment.

(Ord. 2002-55 § 2 (part); Ord. 96-41 § 1 (part): prior admin. code § 2-9.03)

Each person in the service of the county except an employee occupying an exempt position as defined in Section 3.24.170 of this chapter, whose employment began after January 1, 1956, shall accrue vacation leave as follows:

A. Two Weeks Accrual. .385 working days at full pay for each biweekly pay period on paid status until the completion of one hundred four (104) biweekly pay periods (four years) of continuous employment.

B. Three Weeks Accrual. .577 working days at full pay for each biweekly pay period on paid status after completion of one hundred four (104) biweekly pay periods (four years) of continuous employment and until the completion of two hundred eighty-six (286) biweekly pay periods (eleven (11) years) of continuous employment.

C. Four Weeks Accrual. .769 working days at full pay for each biweekly pay period on paid status after completion of two hundred eighty-six (286) biweekly pay periods (eleven (11) years) of continuous employment.

Maximum vacation leave balances allowable prior to the pay period containing January 1 of each year, beginning in the year 2003, shall be no more than two times the employee's accrual rate as set forth in this section.

Effective January 1, 2017, each unrepresented non-management employee related to SEIU; and each unrepresented non-management employee related to building and construction trades council; each unrepresented non-management employee related to Union of American Physicians and Dentists; and each unrepresented non-management employee related to management in the service of the county except an employee occupying an exempt position as defined in Section 3.24.170 of this chapter, whose employment began prior to January 31, 2016, shall accrue vacation leave as follows:

A. Two weeks accrual: Employees shall accrue two weeks of vacation annually until the completion of one hundred four (104) full-time biweekly pay periods (four years) of continuous employment.

B. Three weeks accrual: Employees shall accrue three weeks of vacation annually after the completion of one hundred four (104) full-time biweekly pay periods (four years) of continuous employment and until completion of two hundred eighty-six (286) full-time biweekly pay periods (eleven (11) years) of continuous employment.

C. Four weeks accrual: Employees shall accrue four weeks of vacation annually after the completion of two hundred eighty-six (286) full-time biweekly pay periods (eleven (11) years) of continuous employment and until completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment.

D. Five weeks accrual: Employees shall accrue five weeks of vacation annually after the completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment.

Effective January 1, 2017, each unrepresented non-management employee related to SEIU; and each unrepresented non-management employee related to building and construction trades council; each unrepresented non-management employee related to Union of American Physicians and Dentists; and each unrepresented non-management employee related to management in the service of the county except an employee occupying an exempt position as defined in Section 3.24.170 of this chapter, whose employment began on or after January 31, 2016, shall accrue vacation leave as follows:

A. Two weeks accrual: Employees shall accrue two weeks of vacation annually until completion of one hundred four (104) full-time biweekly pay periods (four years) of continuous employment, up to a maximum balance of four weeks.

B. Three weeks accrual: Employees shall accrue three weeks of vacation annually after the completion of one hundred four (104) full-time biweekly pay periods (four years) of continuous employment and until completion of two hundred eighty-six (286) full-time biweekly pay periods (eleven (11) years) of continuous employment, up to a maximum balance of six weeks.

C. Four weeks accrual: Employees shall accrue four weeks of vacation annually after the completion of two hundred eighty-six (286) full-time biweekly pay periods (eleven (11) years) of continuous employment and until completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment, up to a maximum balance of eight weeks.

D. Five weeks accrual: Employees shall accrue five weeks of vacation annually after the completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment, up to a maximum balance of ten weeks.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.14)

(Ord. No. 2016-44, § 3, 9-13-16; Ord. No. 2016-68, § 2, 12-6-16)

Each employee in the service of the county whose employment began on or after January 1, 1995, except an employee occupying an exempt position as defined in Section 3.24.170 of this chapter, shall accrue vacation leave according to the following schedules:

A. Two Weeks Accrual. .385 working days for each biweekly pay period on paid status until completion of one hundred fifty-six (156) biweekly pay periods (six years) of continuous employment.

B. Three Weeks Accrual. .577 working days for each biweekly pay period on paid status after completion of one hundred fifty-six (156) biweekly pay periods (six years) of continuous employment.

C. Four Weeks Accrual. .769 working days for each biweekly pay period on paid status after completion of three hundred ninety (390) biweekly pay periods (fifteen (15) years) of continuous employment and until completion of five hundred twenty (520) biweekly pay periods (twenty (20) years) of continuous employment.

D. Five Weeks Accrual. .962 working days for each biweekly pay period on paid status after completion of five hundred twenty (520) biweekly pay periods (twenty (20) years) of continuous employment.

E. Effective April 14, 2002, the provisions of this section will no longer apply.

(Ord. 2002-55 § 1 (part); Ord. 96-41 § 1 (part): prior admin. code § 2-9.05)

A. For All Unrepresented Persons Except Those Unrepresented M-Designated Persons Employed After January 1, 1956. An employee who has completed one hundred thirty (130) full-time working days of employment or the equivalent of thirteen (13) full-time pay periods who leaves the county service for any reason shall be paid at the rate shown in Sections 3.24.020 and 3.24.040 of this chapter for unused vacation leave accrued to the date of his/her separation, provided that such entitlement shall not exceed vacation earned during the two years preceding such separation.

Employees shall have the primary responsibility to schedule and take sufficient vacation leave to reduce their accrued vacation balances to levels which do not exceed the amount for which they can receive cash payment hereunder upon termination. Department heads shall make reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such requests is to reduce accrued vacation leave balances to the level which can be paid for in cash upon termination.

B. For Unrepresented M-Designated Persons Employed After January 1, 1956. An employee who accrues vacation leave pursuant to Section 3.24.030(A)—(D) or 3.24.050(A)—(D) and who leaves the county service for any reason shall be paid for unused vacation accrued to the date of his/her separation provided that such entitlement shall not exceed the employee's applicable maximum vacation balance as set forth in Section 3.24.070.

C. For Unrepresented M-designated Persons Employed on or after July 8, 2012. An employee who accrues vacation leave pursuant to Section 3.24.230(A)—(D) and who leaves the county service for any reason shall be paid for unused vacation accrued to the date of his/her separation provided that such entitlement shall not exceed the employee's applicable maximum vacation balance as set forth in Section 3.24.070.

Employees shall have the primary responsibility to schedule and take sufficient vacation leave to reduce their accrued vacation leave balances to levels which will permit further vacation accrual. The agency/department head shall make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to a level which will permit further vacation accrual.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.06)

(Ord. No. 2012-22, § 4, 6-5-12)

For employees hired prior to July 8, 2012, maximum vacation leave balances allowable prior to the pay period containing January 1st of each year beginning the year 2000, shall be no more than two times the employees' vacation accrual rate, and shall be as follows:

For employees hired on or after July 8, 2012, the accrual of vacation leave will cease effective with any pay period in which the employee's vacation accrual reaches its maximum balance and shall not recommence until the employee's vacation leave balance falls below this maximum. While employees shall have the primary responsibility to schedule and take sufficient vacation to reduce their accrued vacation leave balances to levels which do not exceed their maximum balance, department heads will make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to a level below their maximum accrual.

The maximum balance for each accrual rate shall be as follows:

Effective December 29, 2019, for all unrepresented managers, the accrual of vacation leave will cease effective with any pay period in which the employee's vacation accrual reaches its maximum balance as specified herein and such accrual shall not recommence until the employee's vacation leave balance falls below this maximum. While employees shall have the primary responsibility to schedule and take sufficient vacation to reduce their accrued vacation leave balances to levels which do not exceed their maximum balance, department heads will make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to a level below their maximum accrual.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.07)

(Ord. No. 2012-22, § 5, 6-5-12; Ord. No. 2018-11, § 1, 3-13-18)

Employees hired prior to July 8, 2012 who accrue vacation under Section 3.24.230 shall have the primary responsibility to schedule and take sufficient vacation to reduce their accrued vacation leave balances to levels which do not exceed the amount for which they can receive cash payment hereunder upon termination or which will avoid a downward adjustment in the pay period containing January 1. As of the pay period containing January 1, 2000 and every such pay period containing January 1 of each year thereafter, the vacation leave balance of any employee which exceeds the maximum accrual will be adjusted downward to the maximum vacation balance level as shown in Section 3.24.070 (by placing the excess vacation in a departmental catastrophic sick leave pool) and the County will thereafter have no obligation with respect to the vacation leave affected by the adjustment. Department heads shall make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to the level which can be paid for in cash upon termination or to avoid a downward adjustment.

(Ord. 2000-46 § 1, 2000: Ord. 96-41 § 1 (part): prior admin. code § 2-9.08)

(Ord. No. 2012-22, § 6, 6-5-12)

Vacation credit shall begin on the first day of employment.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.09)

An employee shall be allowed to take one and one-half times the amount of vacation accrued over twenty-six (26) pay periods during any fifty-two (52) week period, provided that he/she has accumulated sufficient unused vacation leave. An employee, with the permission of his department head, may take vacation in excess of one and one-half times the amount of vacation accrued over twenty-six (26) pay periods during any fifty-two (52) week period, if he/she has accumulated sufficient unused vacation leave.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.10)

For the purpose of this chapter "working hour" shall mean any hour during which an employee would normally be required to work, and a "working day" shall mean any day upon which an employee would normally be required to work. For employees whose compensation is fixed on a per diem or per hour basis, a "working day" shall mean eight working hours of regular employment; a "week" shall mean five working days.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.11)

No vacation credit shall be earned during the period when an employee is absent on leave without pay.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.12)

Absence on authorized leave with or without pay, and time which a person is laid off because his services are not needed, and time during which a person is temporarily not employed by the county, if followed by re-employment within three years, shall not be considered as an interruption of continuous employment for the purpose of this chapter, provided, further, that, for purpose of qualifying for the fifteen (15), twenty (20), or twenty-five (25) working days of vacation leave, where a person has been employed by the county without interruption for the past ten years, all service of such employee shall be deemed to have been continuous.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.13)

The department head or the appointing authority shall, in each case, determine when vacation leave may be taken. An employee shall be allowed to divide his vacation leave in any fifty-two (52) week period into two segments. A department head, at his discretion, may grant an employee additional segments of vacation. These segments are to be in addition to any segments of vacation leave used as personal leave as defined in Section 3.24.150. Seniority in the county service among employees in a classification and working unit, consistent with department operating requirements, shall be the basis on which vacation schedule conflicts are resolved. In any fifty-two (52) week period, the first such conflict shall be resolved in favor of the most senior employees. Subsequent vacation schedule conflicts shall be resolved in favor of the most senior employee who has not, by virtue of his senior position, previously had such a conflict resolved in his favor during the fifty-two (52) week period. In the event of vacation schedule conflicts among employees, all of whom have, by virtue of their senior positions, had such conflicts resolved in their favor during the preceding fifty-two (52) week period, the senior employee who has the least number of such conflicts resolved in his favor shall prevail.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.14)

(Ord. No. 2017-23, § 1, 5-23-17)

An employee shall be allowed two days in any calendar year from their regular vacation accrued balance for personal leave. Effective January 19, 2025, employees in unrepresented M-designated classifications shall be allowed three days in any calendar year from their regular vacation accrued balance for personal leave.

An agency/department head shall not deny a request for this leave except for reasons critical to the operation of their agency/department. Such personal leave shall be in segments of one-half day or more for non-exempt employees as defined by the FLSA.

Effective January 7, 2024, unrepresented non-management employees in classifications related to the Service Employees International Union, Local 1021 shall be allowed three days in any calendar year from their regular vacation accrued balance or compensatory time off for personal leave. An agency/department head shall not deny a request for this leave except for reasons critical to the operation of their agency/department. Such personal leave shall be in segments of one hour or more.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.15)

(Ord. No. 2023-30, § 2, 6-27-23; Ord. No. 2025-14, § 3, 2-25-25)

Compensation during vacation shall be at the rate of compensation which such person would have been entitled to receive, including premium pay, if in active service during such vacation period.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.16)

Incumbents in the following categories do not earn vacation credit:

A. Trainee or student positions, except as otherwise provided in an applicable memorandum of understanding between the county and a recognized employee organization; provided however, that a maximum of twenty-six (26) weeks' vacation credit for full-time service in trainee or student positions may be given if such service and subsequent service in a regular position is continuous;

B. Positions for which flat biweekly salaries do not exceed one hundred twenty-five dollars ($125.00) per pay period;

C. Persons in classifications designated intermittent or by the letter "N," except as provided in Section 3.24.180 of this code.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.17)

Incumbents of positions in classifications designated intermittent or by the letter "N" who meet the following conditions shall be entitled to prorated vacation credit retroactively to the beginning and throughout the remainder of the fiscal year, subject to set provisions in administrative regulations:

A. The incumbent must have been employed in the position prior to July 1, 1973; and

B. The classification must have been on a monthly salary scheduled on June 30, 1973; and

C. The incumbent, other than incumbents of positions in the class of clerk intermittent II, must work at least twenty-eight (28) weeks during the fiscal year.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.18)

Any employee who is regularly scheduled to work less than the normal workweek for the job classification shall accrue vacation leave entitlement as specified in this chapter or current, valid memorandum of understanding, except that the vacation accrual entitlement shall be prorated each pay period based upon a proration of the hours worked within that pay period to the normal full-time pay period for the job classification (seventy-five (75) to eighty (80) hours). Except as provided for in Section 3.24.030 of this code, vacation pay shall be granted only for those days, or fractions thereof, on which employees would have been scheduled to work and would have worked but for the vacation period.

Maximum vacation leave balances for employees covered by this section are either provided in this chapter or by a current valid memorandum of understanding.

(Ord. 2003-41 § 1 (part): Ord. 96-41 § 1 (part): prior admin. code § 2-9.19)

Employees who become an unrepresented M-designated employee covered by this code after January 1, 2000 shall have two full calendar years to reduce his/her vacation balance to the maximum allowable, unless the employee is coming from a bargaining unit where the "maximum allowable vacation balance" is already applicable. After two full calendar years, the vacation leave balance of any employee which exceeds the maximum balance allowable will be adjusted downward to the maximum balance allowable (by placing the excess vacation in a departmental catastrophic sick leave pool) and the county will thereafter have no obligation with respect to the vacation leave affected by the adjustment. Department heads shall make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to the level which can be paid for in cash upon termination or to allow for additional accrual.

(Ord. 96-41 § 1 (part): prior admin. code § 2-9.20)

Effective September 10, 2006, employees in the sheriff's office, who move from a represented position without a maximum allowable vacation balance to an unrepresented position with a maximum allowable vacation balance shall have five full calendar years from the date of the appointment, to reduce his/her vacation balance to the maximum allowable limit by exercising all of the following options listed below:

A. Selling back the maximum allowable vacation time each fiscal year;

B. Selling an additional ten days of vacation per fiscal year above the amount that is allowable

C. Using the amount of vacation earned in a year in that year, along with the granted floating holidays and management paid leave.

After five full calendar years, the vacation leave balance that exceeds the maximum balance allowable will be adjusted downward each year in the pay period containing January 1 to the maximum balance allowable by placing the excess vacation in a departmental catastrophic sick leave pool and the county will thereafter have no obligation with respect to the vacation leave affected by the adjustment. Department heads shall make a reasonable effort to accommodate written vacation leave requests submitted by employees which state that the purpose of such request is to reduce accrued vacation leave balances to the level which can be paid for in cash upon termination or to allow additional accrual.

(Ord. No. 2009-41, § 1, 7-21-09)

Each person in the service of the county, except for an exempt position as defined in Section 3.24.170 of this chapter, whose employment began on or after July 8, 2012, shall accrue vacation leave as follows:

A. Two Weeks Accrual. Employees shall accrue two weeks of vacation annually until completion of one hundred four (104) full-time biweekly pay periods (four years) of continuous employment, up to a maximum balance of four weeks.

B. Three Weeks Accrual. Employees shall accrue three weeks of vacation annually after the completion of one hundred four full-time biweekly pay periods (four years) of continuous employment and until completion of two hundred eighty-six full-time biweekly pay periods (eleven (11) years) of continuous employment, up to a maximum balance of six weeks.

C. Four Weeks Accrual. Employees shall accrue four weeks of vacation annually after the completion of two hundred eighty-six full-time biweekly pay periods (eleven (11) years) of continuous employment and until completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment, up to a maximum balance of eight weeks.

D. Five Weeks Accrual. Employees shall accrue five weeks of vacation annually after the completion of five hundred twenty (520) full-time biweekly pay periods (twenty (20) years) of continuous employment, up to a maximum balance of ten weeks.

(Ord. No. 2012-22, § 3, 6-5-12)

A. Effective January 1, 2018, each full-time unrepresented non-M designated employee related to SEIU; unrepresented non-management employees related to building and construction trades council; unrepresented non-management employees related to Union of American Physicians and Dentist and unrepresented non-management employees related to management, may elect to purchase, during open enrollment, one or two additional weeks of vacation over and above their regular entitlement as set forth in Section 3.24.040 of this chapter. Part-time, services-as-needed (SAN) and intermittent employees may not purchase vacation.

1. On the first pay period of the calendar year, the participating employees' vacation balance will be adjusted to reflect the additional amount of vacation purchased. Employees may use the vacation time purchased, scheduled by mutual agreement, between the employee and the agency/department head. Employees pay for the vacation time purchased in equal installments during the calendar year.

2. To be eligible to purchase vacation for the upcoming plan year an employee must have completed payment for any previous vacation purchased by the end of the current plan year. The county reserves the right to revoke vacation purchase elections made during open enrollment if the previous year vacation purchase payments are not complete.

3. To be eligible to purchase vacation, an employee must have no more than one week of unused purchased vacation as of the third pay period prior to the start of open enrollment. To be eligible to purchase two weeks of vacation, an employee must have used all previously purchased vacation leave as of the third pay period prior to open enrollment.

4. In the event than an employee uses purchased vacation and leaves county service prior to paying for it, the employee agrees as a condition of participation that the county has the right to recover the unpaid cost for any used and unpaid vacation from the employee, deducting any sum owed to the county from the employee's final pay warrant.

5. In the event there is insufficient pay to deduct from the employee's final pay warrant, the amount is still due and payable to the county; the employee must repay the county. Any failure to repay the county upon termination will result in collection proceedings.

6. In the event that an employee is unable to cover the cost of purchased vacation in any pay period(s) due to insufficient pay, the county reserves the right to adjust the amount of the deductions from future warrants to cover the cost of the purchased vacation.

7. In the event that a participating employee moves between a forty (40) hour per week position and a thirty-seven and one-half (37.5) hour per week position, he/she shall carry over his/her purchased vacation balance in the same number of days and fractions of days.

8. In the event that an employee changes status from eligible to purchase vacation to a non-eligible status:

a. The county shall cease deduction and no additional days will be allowed for purchase.

b. The county shall reduce the purchased vacation balance by the amount which the employee has not yet paid.

c. The employee shall be allowed to retain and use the time purchased as of the date of the change from eligibility to ineligibility through the final pay period of the calendar year of the date of ineligibility.

d. For purchased vacation remaining and unused through the final pay period of the calendar year, as set forth in section (8)(c) above, the employee shall be paid at the pay rate at the time of enrollment, for the purchased vacation time not taken as of the first pay period of the following year.

e. If the employee has used the purchased vacation time prior to completing payment for such vacation, the county will recover the cost of that vacation not yet paid for from the employee by pay warrant deduction.

f. In the event that an employee experiences a pay rate change during the plan year, the total annual cost will remain the same as at the time of enrollment.

B. In addition to the above conditions, an employee purchasing vacation is responsible for all county costs associated with vacation purchase. For the pay period in which purchased vacation is utilized as time off, the employee's total compensation shall not include the contributions made by Alameda County towards premium based and accrued benefits including retirement, county medical and dental plans, sick leave, and vacation time for all bi-weekly hours, or portions thereof, coded as purchased vacation. These prorated premium costs shall be deducted from the employees' paycheck for the bi-weekly pay period in which the purchased vacation is utilized and, further, the employee will not accrue vacation and sick leave for such hours. Also, purchased vacation time utilized as time off will not count towards seniority, hours in step, or towards the completion of the probationary period or retirement service credit.

(Ord. No. 2016-68, § 4, 12-6-16)

Editor's note— Ord. No. 2020-60, § 1, adopted November 17, 2020, adding § 3.24.250, pertaining to a temporary increase maximum vacation leave balance, had a sunset date of December 31, 2021.