[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR322.5]



[Page 553-554]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 322_REMUNERATION--Table of Contents

 

Sec.  322.5  Payments under vacation agreements.



    (a) General. In ascertaining the accrual of remuneration under a 

vacation agreement, consideration shall be given to the applicable 

agreements and



[[Page 554]]



practices, the interpretations of such agreements and practices 

developed by the parties, and the actions of the parties pursuant 

thereto. When there is information that an employee has received or is 

to receive payment under a vacation agreement, such payment shall, in 

the absence of evidence to the contrary, be considered to be 

remuneration with respect to the days to which the payment is assigned.

    (b) Vacation pay. If an employee takes a vacation in accordance with 

a vacation agreement, the payment for such vacation shall constitute 

remuneration with respect to the days in the vacation period for which 

the payment is made. An employee shall be regarded as taking a vacation 

when, in accordance with the applicable agreements and practices (1) he 

is absent from work during a scheduled or assigned vacation period; (2) 

he is required to take his vacation with pay while he is on furlough; or 

(3) he chooses to take his vacation with pay while he is unemployed or 

absent from work due to illness or other personal circumstances.

    (c) Pay in lieu of vacation. If a payment in lieu of vacation is 

made to an employee under a vacation agreement such payment shall not 

constitute remuneration with respect to any particular day or days. A 

payment under a vacation agreement shall be regarded as in lieu of 

vacation if:

    (1) The payment is made at the end of the vacation year to an 

employee who did not take his vacation during such year; or

    (2) The payment is made after the employee's death, or after he 

ceased service for the purpose of receiving an annuity, and the payment 

is credited to the employee's last day of service; or

    (3) It is otherwise established that the parties intended the 

payment to be in lieu of vacation, without reference to any particular 

period.



[Board Order 59-73, 24, 2487, Mar. 31, 1959, as amended at 65 FR 14460, 

Mar. 17, 2000]