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12.1 Eligibility All employees in the bargaining unit shall earn paid vacation time under this Article. Vacation benefits are earned on a fiscal year basis, July 1 - June 30.

12.2 Any vacation hours not used prior to February 1, following the fiscal year in which they were earned, may be carried over by the approval of the Director of Human Resources and Affirmative Action. If the District prevented the use of vacation hours, they shall be carried over until such time as the District allows them to be used, or at the option of the District may be paid.

12.3 Vacation No vacation shall be granted during the first six (6) months of employment; however, on successful completion thereof, vacation time shall be allowed for time of service including the probationary period. Under certain circumstances and only for the convenience of the department, a vacation may be granted an employee during the probationary period. In the event said employee leaves the service of the District before completing the probationary period, the amount of money paid during the unearned vacation shall be deducted from the final check.

12.3.1 Full-time employees who are employed for twelve (12) months in any fiscal year shall be entitled to 120 hours vacation with full pay. Vacation is computed at ten (10) hours for each calendar month of service in which more than one-half (1/2) of the month's normal working hours (87) have been in paid status. Individuals employed for less than eight (8) hours per day or forty (40) hours per week on a 12-month basis or for less than a full fiscal year shall be entitled to a proportionate number of vacation hours. Employees in 10-month positions who work during the summer, outside of their contract period, shall accrue additional vacation leave for the additional period worked at the rate specified in 12.3.1.

12.3.2 After an employee has served in the District for ten (10) consecutive years, he shall be entitled to 160 hours vacation per year with full pay, which shall accumulate at the rate of 13.34 hours for each calendar month in which more than eighty-seven (87) work hours have been in paid status.

12.3.3 Vacation shall not be taken by an employee before it has been earned by service to the District. Exceptions may be granted at the convenience of the department or division head upon the approval of the Director of Human Resources and Affirmative Action.

12.3.4 Request for vacation from classified employees must be approved by the immediate supervisor at least two (2) weeks prior to the requested vacation except when used for personal necessity leave as provided in Section 13.10.9.

12.3.5 If the District intends to close for Winter Recess, ninety (90) days' notice shall be given to CSEA and the San Joaquin Delta Chapter 359. Employees shall have the option of taking compensatory time, leave without pay, or vacation during this time.

12.3.6 A classified employee who resigns, retires, is dismissed, or whose position is terminated, and who had earned vacation time credit, shall be paid at the regular rate for such vacation at the time earned upon such resignation, retirement, dismissal or termination. Cash payment for accumulated vacation shall be paid at the rate earned. An employee who resigns, retires, is dismissed, or terminated, and who has taken unearned vacation shall have that amount deducted from the final paycheck.

12.4 Vacation Pay Pay for vacation hours for all bargaining unit employees shall be the same as that which the employee would have received had the employee been in a working status.

12.5 Vacation Postponement

12.5.1 If a 12-month employee's vacation becomes due during a period when the employee is on leave due to illness or injury, the employee may request a change of vacation date and the District shall grant such request in accordance with vacation dates available at that time. If no such dates are available, the vacation may be taken in the following fiscal year.

12.5.2 If for any reason a bargaining unit employee is not permitted to take all or any part of the employee's annual vacation, the amount not taken shall be accumulated for use in the following year.

12.5.3 When a holiday falls during the scheduled vacation of any bargaining unit employee, such employee shall be granted an additional day's vacation and pay for each holiday falling within that period.

12.6 Vacation Scheduling

12.6.1 Vacation shall be scheduled at times requested by employees, as far as possible, within the District's work requirements. Requests for vacation must be submitted to the immediate supervisor at least two (2) weeks prior to the requested leave.

12.6.2 If there is any conflict between employees who are working on the same or similar operations as to when vacations shall be taken, the employee who has been with the District for the longest period of time shall be given preference.

12.7 Interruption of Vacation An employee in the Bargaining Unit shall be permitted to interrupt or terminate vacation in order to begin another type of paid leave provided by this Agreement without a return to active service, provided the employee supplies notice and supporting information regarding the basis for such interruption or termination.