Alabama § 45-58A-70.26 Use of Vacation Leave

Alabama Statutes

§ 45-58A-70.26 — Use of Vacation Leave

Alabama § 45-58A-70.26

JurisdictionAlabama

Title 45Local Laws

Ch. 58AShelby County Municipalities

Art. 7Helena

Part 1Employees

This text of Alabama § 45-58A-70.26 (Use of Vacation Leave) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-58A-70.26 (2026).

Text

(a)Upon completion of 12 months service at a regular position, an employee may use vacation leave. The scheduling of the vacation leave shall be determined by the department head with due consideration to seniority, length of service, and request of the employee, except when a vacation leave has not been allowed an employee at any time during the calendar year, the employee may demand a vacation leave not exceeding 12 work days.

(b)For the purpose of computing vacation leave, each week of seven days, excluding holidays, shall be considered as containing not less than five work days. Employees whose basis of pay is other than the standard work week, such as fire department personnel, shall earn and use vacation leave time in a comparable manner as set by the director.

(c)An employee hold

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(a)
Upon completion of 12 months service at a regular position, an employee may use vacation leave. The scheduling of the vacation leave shall be determined by the department head with due consideration to seniority, length of service, and request of the employee, except when a vacation leave has not been allowed an employee at any time during the calendar year, the employee may demand a vacation leave not exceeding 12 work days.
(b)
For the purpose of computing vacation leave, each week of seven days, excluding holidays, shall be considered as containing not less than five work days. Employees whose basis of pay is other than the standard work week, such as fire department personnel, shall earn and use vacation leave time in a comparable manner as set by the director.
(c)
An employee holding a regular position shall earn vacation leave in accordance with his or her longevity of service as follows:
1 year TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5 days
2 to 10 years TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 12 days
10 to 15 years TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 15 days
15 to 25 years TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 20 days
Over 25 years TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 25 days
(d)
Vacation leave earned but not used during the calendar year may be accumulated up to a maximum of 40 days. Vacation leave earned in excess of the maximum accumulation stipulated not used by December 31 shall be forfeited, unless extenuating circumstances indicate a different handling is desirable in the opinion of the director.
(e)
Vacation leave is subject to the following restrictions:
(1)
An employee shall not earn vacation leave during a leave of absence without pay, a suspension, or when the employee is otherwise in a nonpay status for more than 15 calendar days in a month. An employee currently using supplemental sick leave shall not earn additional vacation or sick leave during the period when the employee is on supplemental sick leave.
(2)
An employee who is dismissed for cause or resigns in bad standing shall forfeit earned vacation leave.
(3)
A department head shall not require an employee to forfeit earned vacation leave as punishment through the action of suspension.
(4)
The maximum vacation leave that may be granted during a calendar year is five weeks.
(f) All employees holding regular positions shall be allowed to earn and accrue sick leave. Sick leave is not a right for which employees may make demand, but a privilege granted in accordance with this part which may be changed as the best interests of the service demand.