Section 31IAC5-8-2. Vacation leave

   (a) Vacation leave with pay shall be earned by full-time employees at the rate of seven and one-half (7.5) hours for each full month of employment. Employees working at least half time, but less than a full-time basis, shall earn vacation at the rate of three and three-fourths (3.75) hours a month. Vacation will not be credited to hourly, per diem, temporary, intermittent, contractual, or employees working less than half time.

  (b) Notwithstanding subsection (a), teachers employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or Indiana School for the Deaf (ISD) accrue vacation leave in accordance with the vacation leave policy of Indianapolis Public Schools. ISBVI and ISD teachers are not eligible for vacation leave set for state employees under IC 4-15 or this rule.

  (c) Eligibility for additional vacation days shall be as follows:

(1) Employees who have completed five (5) years or more of full-time employment, or ten (10) years or more of half-time employment, shall accrue twenty-two and one-half (22.5) additional hours of vacation leave with pay annually on their accrual date.

(2) Employees who have completed ten (10) years or more of full-time employment, or twenty (20) years or more of half-time employment, shall accrue thirty-seven and one-half (37.5) additional hours of vacation leave with pay (twenty-two and one-half (22.5) plus thirty-seven and one-half (37.5) for a total of sixty (60) additional hours) annually on their accrual date.

(3) Employees who have completed twenty (20) years or more of full-time employment, or forty (40) years or more of half-time employment, shall accrue thirty-seven and one-half (37.5) additional hours of vacation leave with pay (twenty-two and one-half (22.5) plus thirty-seven and one-half (37.5) plus thirty-seven and one-half (37.5) for a total of ninety-seven and one-half (97.5) additional hours) annually on their accrual date.

(4) Time spent in out-of-pay status, except for military service, shall be deducted from total service time in computing eligibility for additional vacation leave.

(5) Noncontinuous service prior to June 30, 1982, shall not be considered in determining eligibility for additional vacation leave.

  (d) No vacation shall accrue to full-time employees during the first six (6) months of employment, or to part-time employees during the first twelve (12) months of employment, but, upon completion thereof, regular vacation leave shall be allowed for time served during such periods.

  (e) Appointing authorities shall determine the time and amount of vacation that shall be taken at any one (1) time. Employees shall be limited to four (4) calendar weeks of vacation at any one (1) time:

(1) unless a longer period is recommended by the appointing authority and approved by the director;

(2) except as provided in 31 IAC 5-9-29(c).

  (f) For the good of the service in arranging vacation schedules, the director may approve the request of an appointing authority for full-time employees to anticipate and take vacation leave not to exceed twenty-two and one-half (22.5) hours.

  (g) Compensation for unused vacation on separation shall be as follows:

(1) Except as otherwise provided in 31 IAC 5-10 or IC 5-10.3-8-14, upon separation from the service, in good standing, an employee shall be paid for unused vacation for a maximum of two hundred twenty-five (225) hours.

(2) Compensation for unused vacation in excess of two hundred twenty-five (225) hours is only permitted in cases involving the retiree leave conversion program described in 31 IAC 5-10.

(3) Payment for unused vacation leave, not to exceed two hundred twenty-five (225) hours, shall be paid to beneficiaries of deceased employees.

(4) If the employee has anticipated vacation leave in accordance with subsection (f), and separated from the service before actually earning such leave, payment for leave used but unearned shall be deducted from the final payment of salary.

(5) Full-time employees who resign before they have completed six (6) months of employment, or part-time employees who resign before completing one (1) year of employment, will not be paid for any vacation leave.

  (h) Vacation leave shall be charged in fifteen (15) minute increments.

  (i) An employee who resigns in good standing and is subsequently rehired shall have reinstated any vacation leave that was accrued but was unused and uncompensated at the time of resignation. However, vacation leave that was compensated under 31 IAC 5-10 shall not be reinstated.

  (j) In recognition of the fact that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section shall be converted for those police officers who are subject to 31 IAC 5-7-8(b) as follows:

Hours Stated in this Section	Hours Converted for Police Officers
3.75	4.25
7.5	8.5
22.5	25.5
37.5	42.5
60.0	68.0
97.5	110.5
225.0	255.0

If an employee transfers into or out of affected police officer positions, the employee's leave balances will be adjusted proportionately to reflect the change in the number of hours of the standard work day. (State Personnel Department; 31 IAC 5-8-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)