topleft >  Services >  Governance Technology > 

Legal Resources | Title 5 |  T5  42910  


arrow Previous bar Next arrow

The President of the campus in which an employee is employed, or the Chancellor in the case of all other employees, shall determine when the employee shall take vacation which has been acquired in the current year and vacation which has been carried over from prior years. The determination made by the President or Chancellor shall be made after consultation with the employee. The President or Chancellor shall seek to accommodate the employee's needs to the needs of the employment. Vacation, regardless of when it was accumulated, shall be taken as directed by the President or Chancellor. In the event the appointing power does not, during the calendar year, schedule vacation for an employee sufficient to reduce credit for vacation accumulated with pay as of the following January 1 to the amount permitted by Section 42907, the employee may take, as a matter of right, immediately preceding the following January 1 the number of days of accumulated vacation required to reduce such accumulation to the amount permitted by that section.

Notwithstanding the authority of the President or Chancellor to determine when vacation shall be taken, an employee who is in the final year of employment prior to service retirement under the Public Employees' Retirement System or the State Teachers' Retirement System may elect not to take vacation carried over from prior years and instead, receive a lump sum payment as of the date of separation, subject to the requirements of Section 42912.

As used in this section, "President" or "Chancellor" shall include duly authorized designees of the President or Chancellor, respectively.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500


Education Code 89500

(Amended by Register 82, No. 39.)