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  • Vacation Maximum Sick Leave MOA
    Posted On: Dec 03, 2020

    MSLEA VACATION ACCRUAL MAXIMUM AND SICK LEAVE ADVANCE  MEMORANDUM OF AGREEMENT  
     
    The Maine State Law Enforcement Association (“MSLEA”) and the Executive Branch of the State 
    of Maine (“State”) hereby agree as follows for the Law Enforcement bargaining unit: 
    Temporary Suspension of Vacation Accrual Maximum 
    1. The parties understand that due to the emergency caused by COVID-19, operational needs 
    may interfere with certain employees from using their accrued vacation leave in time to avoid 
    exceeding the maximum allowed leave accruals set forth in the collective bargaining 
    agreement.  2. The parties agree that as a result of this emergency, the maximum accruals of vacation leave 
    set forth in the Vacation article of the collective bargaining agreement shall be suspended 
    during the term of this MOA. 3. During the term of this MOA, employees may carry a vacation balance in excess of maximums 
    set forth in the collective bargaining agreement through December 2021, or sooner if this 
    Agreement is terminated pursuant to paragraph  10. 4. Employees leaving their position will be paid only for the maximum accrued vacation as set 
    forth in the collective bargaining agreement. Employees leaving a position in one state agency 
    for a position in another cannot be paid for or transfer more than the maximum accrued 
    vacation as set forth in the collective bargaining agreement, or receive any combination of 
    pay or transferred leave that exceeds the collective bargaining agreement maximum.  5. Notwithstanding this Agreement, it is understood that employees are encouraged to take 
    vacation as allowed by operational needs, and that subject to operational needs, supervisors 
    and managers should encourage their subordinates to take such leave so that the employees 
    will not be at risk of losing vacation upon termination of this Agreement.  6. Unless this Agreement is terminated pursuant to paragraph 10, this Agreement will terminate 
    on December 31, 2021.  On January 1, 2022, or ninety (90) days after notice of termination if 
    the Agreement is terminated pursuant to paragraph 10, the contractual maximum accrual 

     
     
    limits will be in effect.  At such time, all accrued vacation leave over the contractual maximum 
    will be removed from employees’ leave balances and cannot be restored.  
    Advance Sick Leave to be Earned in 2021 7. Because employees are strongly encouraged or required to stay home if they feel sick, and 
    because on December 31, 2020, the FFCRA leaves for covered employees and administrative 
    leave for exempt employees will expire, in January 2021, agencies will advance to each 
    employee the sick leave the employee is scheduled to earn during 2021. 8. Such sick leave can be used pursuant to the terms of the collective bargaining agreement.  In 
    addition, during the term of this MOA, it can be used if it is necessary for the employee to 
    care for the employee’s child whose school or day care is closed or childcare is unavailable 
    due to COVID-19. In addition, such leave can be used if necessary for the employee to 
    quarantine due to COVID-19, unless the quarantine is required as a result of out-of-state 
    travel.   9. An employee who leaves state service during 2021 will have the unearned (that portion of 
    sick leave that the employee would not yet have been credited with but for this MOA) portion 
    of the employee’s sick leave balance removed from the employee’s ending sick leave balance.  
    If at the time of separation the employee does not have enough sick leave balance to cover 
    the unearned sick leave the employee has already taken, then the pay for any such unearned 
    sick leave taken will be recouped from the paycheck(s) issue to the employee after the 
    employee’s separation. 
    Termination of this Agreement  
    10. The State can terminate this Agreement at any time with thirty (30) days’ notice to the Maine 
    State Law Enforcement Association.  If the State provides such notice of termination, the 
    maximum vacation accrual limit will go back into effect ninety (90) days from the date of the 
    notice.  Requests for and the granting of vacation leave during this period shall continue to 
    be subject to operational needs and in accordance with the collective bargaining agreement.  11. If this Agreement is not terminated pursuant to paragraph 10, it will automatically terminate 
    on December 31, 2021. 

     
     
    12. Upon termination, the terms of the collective bargaining agreement in effect at that time 
    with respect to the earning, use, and payment for vacation and sick leave shall apply, except 
    that paragraph 9 of this Agreement shall remain in effect if this Agreement is terminated prior 
    to December 31, 2021. 
     
     
     
    Seen and agreed: 
     
    ___________________________________  /s/ Dan Tourtelotte      12/2/2020  
    Breena Bissell, Director  date  Dan Tourtelotte, Exec. Director  date Bureau of Human Resources     MSLEA   


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