Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-004 - Vacation Leave

Current through June 17, 2024
All 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
004.01
Using 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.
004.03
Advancing 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.
004.04
Balancing 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.
004.05
Balancing 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.