(a) Each agency shall decide whether it will offer the VPLP. Participating agencies will notify employees of any program conditions and procedures that they may establish (e.g., eligibility criteria, maximum carryover credits, operational limitations) for program participation. Employee participation in the program shall be on a voluntary basis, subject to his or her agency's approval.

(b) Except for subsection (k) below, only permanent full-time employees are eligible to participate in the VPLP. Interested employees may only request either one day (8 hours) or two days (16 hours) Personal Leave per month with an equal reduction in pay. Approval or denial of the request shall be at the general discretion of the agency and may vary within an agency. An agency may only approve either one day (8 hours) or two days (16 hours) Personal Leave. Salary ranges and rates shall not be affected because of VPLP participation.

(c) Participating employees shall be credited with eight (8) or sixteen (16) hours of Personal Leave on the first day of the monthly pay period following each month of participation in the VPLP.

(d) Once approved, employees must remain in the VPLP for 12 months unless an agency establishes a lesser time period. Once approved for the VPLP, an employee agrees to remain in the program for that time period. In the case of a financial hardship, an employee's request to cancel participation may be approved by an agency on a case-by-case basis. The state reserves the right to cancel the VPLP on an agency, subdivision, or individual basis at any time with 30 days notice to the employee.

(e) Personal Leave shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use Personal Leave must be submitted in accordance with agency policies on vacation or annual leave. Employees may not be required to use Personal Leave credits.

(f) At the discretion of the state, all or a portion of unused VPLP credits may be cashed out at the employee's salary rate at the time the VPLP payment is made. The application of this cash out provision may differ from agency to agency and from employee to employee. Upon termination from state employment, the employee shall be paid for unused Personal Leave credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any Personal Leave credits shall not be considered as “compensation” for purposes of retirement.

(g) Participating employees shall be entitled to the same level of state employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor's benefits he or she would have received had they not participated in the VPLP.

(h) The VPLP shall not cause a break in state service, a reduction in the employee's accumulation of service credit for the purposes of seniority and retirement, leave accumulation, or a merit salary adjustment.

(i) The VPLP shall neither affect the employee's final compensation used in calculating state retirement benefits nor reduce the level of state death or disability benefits the employee would otherwise receive or be entitled to receive nor shall it affect the employee's ability to supplement those benefits with paid leave.

(j) The VPLP shall be administered consistent with the existing payroll system and the policies and practices of the State Controller's Office.

(k) Employees on Enhanced Disability Leave, Nonindustrial Disability Leave, Industrial Disability Leave or Worker's Compensation for the entire monthly pay period shall be excluded from the VPLP.

(l) Continued participation in the VPLP when an employee transfers to another agency shall be at the discretion of the new agency.

(m) If any dispute arises about this VPLP, an employee may file a grievance under section 599.859 of these regulations.