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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