COUNTY OF SAN MATEO
HUMAN RESOURCES DEPARTMENT
Inter-Departmental Correspondence
DATE: April 21, 2014
TO: All Management Employees
FROM: Nicole McKay, Employee & Labor Relations Manager
SUBJECT: Employee Relations Bulletin 17 Vacation Time for Probationary Employees
Recently, we have received questions regarding the use of vacation time when an employee is hired into a permanent position after working extra help. The main question has been “If an employee has worked extra help and starts in their permanent position with accrued vacation time, can he/she take vacation while they are on probation?” We have researched this question and we wanted to provide you with some recommendations.
The County Ordinance Code states that “No vacation will be permitted prior to the completion of 13 full pay periods of continuous service in any status.” The American Federation of State, County and Municipal Employees (AFSCME) MOU states “No vacation will be permitted prior to the completion of thirteen (13) biweekly pay periods of service. Such service includes time in an extra-help status provided that there has not been a break in service…” Most of the other union contracts have language similar to the Ordinance Code.
We recommend vacation requests in most cases be denied for new County employees who have not previously worked in any status (permanent, probationary or extra help). This action ensures that a new employee’s performance can be observed by the supervisor during the full probationary period. Of course, if there is a special situation and vacation is approved during probation, the department may always opt to extend the probation by the length of the vacation to provide a full probationary period. Because the first several months are a critical time for reviewing the performance and conduct of the new employee, vacation time is typically not approved unless there was an exceptional event such as a family emergency.
However, if an employee has worked in an extra help status before accepting a permanent position, the supervisor has already reviewed the performance and conduct of the new employee. In this situation, based on the “continuous service” language and the intent of the language a department may approve the vacation even if the employee is on probation. In circumstances where an employee who has worked in an extra help status, is selected for a permanent position which is different from the extra help classification a department may decide not to approve a vacation. In any circumstance the employee should go through the normal process to request vacation time and then the department would determine whether to approve it based on workload, coverage, etc.
If you have any questions, please call your Employee Relations Analyst.