§79-1 Vacations of public officers and employees; exceptions. With the exception of school teachers, principals, and cafeteria managers employed in the public schools of the State, the instructional staff of the University of Hawaii, members of the fire departments of the political subdivisions of the State, and persons employed pursuant to paragraphs (2), (3), (13), and (15) of section 76-16, paragraphs (g), (h), and (i) of section 6-303 of the charter of the city and county of Honolulu, and paragraphs (7), (8), and (12) of section 76-77, all officers and employees of the State or of the political subdivisions of the State and all full-time elected and appointive officers and employees of the State and the political subdivisions of the State shall be entitled to and granted a vacation with pay each calendar year calculated at the rate of one and three-quarters working days for each month of service. A month of service shall be deemed to mean a calendar month in which the employee performs not less than nineteen days of actual service or for calendar months with less than nineteen working days, actual service on all available working days. A provisional employee, as such, shall not be entitled to a vacation with pay, but the employee shall be entitled to earn and accrue vacation allowances during the term of the employee's provisional appointment, and if upon the termination of the employee's provisional appointment the employee receives a probationary or limited term or permanent appointment in the same position, the employee shall be credited with the allowances earned and accrued during the provisional appointment, but if the employee does not become such probationary or regular employee, the vacation allowances shall be automatically forfeited. Vacation allowances shall be recorded and administered on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year.

An annual vacation, or any part thereof unused, shall be automatically accumulated for succeeding years, except that the total recorded accumulation shall be in no event more than ninety working days; provided that not more than fifteen days a year may be accumulated unless prior approval is secured by the employee from the employee's department head for the accumulation of the full amount, the accumulation to be granted only for good cause shown; and provided further that no employee shall be granted or permitted to take a vacation in any calendar year in excess of ninety working days, but whenever the employee's accumulated vacation credit exceeds ninety working days the employee shall be paid salary in lieu of vacation to the extent of the excess if, upon investigation by the comptroller of the State or the director of finance of the county, as the case may be, it is found that the excess vacation credit resulted from the employee's inability to be allowed vacation time off because of orders of the employee's appointing authority; otherwise the employee shall automatically forfeit the excess. [L 1915, c 199, pt of §1; RL 1925, pt of §182; RL 1935, pt of §103; am L 1941, c 329, pt of §1; am L 1943, c 142, pt of §1; RL 1945, pt of §550; am L 1951, c 326, pt of §1; am L 1953, c 278, pt of §7; am L 1955, c 274, pt of §3; RL 1955, §5-30; am L 1957, c 56, §1 and c 199, §1; am L 1959, c 142, §1 and c 143, §1; am L 1961, c 147, §1; am L 1963, c 192, §1; am L 1965, c 148, §1; HRS §79-1; am L 1975, c 115, §1; am L 1976, c 51, §1; am L 1980, c 63, §1; gen ch 1985]