Section 93-9-004 - Vacation LeaveAll employees, excluding temporary and contract employees, earn paid vacation leave. Hours accrue on a biweekly basis but are not available to the employee prior to the start of the following pay period, except as provided by Section 004.03 of this Chapter. Full-time employees earn vacation leave according to the following schedule:
Years of Service | Hours Per Year | Days Per Year |
1st year through 5th year | 96 | 12 |
6th year | 120 | 15 |
7th year | 128 | 16 |
8th year | 136 | 17 |
9th year | 144 | 18 |
10th year | 152 | 19 |
11th year | 160 | 20 |
12th year | 168 | 21 |
13th year | 176 | 22 |
14th year | 184 | 23 |
15th year | 192 | 24 |
16th year and following years | 200 | 25 |
004.01Using Vacation Leave. Vacation leave must be requested in advance by the employee. Vacation leave may be used when approved by the employee's supervisor. Denial of vacation leave requests must not be arbitrary and the taking of vacation leave by employees may not be unreasonably deferred. Vacation leave will be taken and reported in increments of not less than one tenth (1/10) of an hour.004.02 Vacation leave will not accrue to any employee on leave of absence without pay, leave without pay, suspension without pay, layoff, or during time off of work that is compensated under workers' compensation, except as provided in Section 012.06C of this Chapter.004.03Advancing Vacation Leave. The appropriate Office Administrator may at his/her discretion advance vacation leave to employees with six (6) months of service with the Department in an amount not to exceed that which the employee would earn in the succeeding three (3) month period. For employees with more than five (5) continuous years of service and with no record of leave abuse, request for vacation leave advancement of thirty (30) hours or less will not unreasonably be denied. Employees will reimburse the Department for all used unearned vacation leave upon termination either by a deduction in their final check or by separate payment. Employees may not request more than one advancement in a three (3) month period. If at the end of the advancement period the employee has not earned back the advanced vacation leave used, another request for advancement of vacation cannot be approved until the employee has earned back the advanced vacation leave used. Written notice of advancement must be provided to the Human Resources Office.004.04Balancing of Vacation Leave During Employment. Up to two hundred and eighty (280) hours of an employee's vacation leave may be carried over from one (1) calendar year to the next. Accumulated vacation time in excess of two hundred and eighty (280) hours will be forfeited as of December 31 of each calendar year. In the event an unforeseen work-related emergency prevents an employee from taking planned vacation leave before December 31 and causes that vacation leave to be lost, additional carryover vacation leave may be requested of and approved in advance of the calendar-year-end by the Deputy Commissioner. In such cases, the hours above two hundred and eighty (280) that are carried over must be used within the next six (6) months.004.05Balancing of Vacation Leave Upon Separation. Employees who leave state government employment for any reason will be paid for any unused accumulated vacation leave earned, calculated at the hourly rate in effect at the time of termination. However, vacation leave, both as to earned unused hours and as to years of service for accumulation purposes, may be transferred when employees transfer between another Nebraska State agency, Nebraska State university or college, and the Department without a break in service, upon mutual agreement of the employers.004.05A A retiree returning to State service will begin earning vacation leave at the beginning rate of a newly hired employee. A retiree means an employee who is qualified to receive retirement allowance under the state or the school retirement system.004.06Leave Without Pay. All earned accrued vacation leave, which does not include advanced vacation leave, will be used by an employee before being granted leave without pay. Employees may request leave without pay in writing from the appropriate Office Administrator; however, granting leave without pay is discouraged and should not be done on a regular basis. Written notice of leave without pay must be provided to the Human Resources Office.004.07 Holidays falling within a period of vacation leave will not be counted as work hours for purposes of overtime.93 Neb. Admin. Code, ch. 9, § 004
Amended effective 11/4/2015.Amended effective 7/5/2017.Amended effective 12/1/2018Amended effective 12/2/2018Amended effective 6/2/2024