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<br />Said "time off" may be taken at any time during the calendar <br />year with prior permission of the employee's supervisor and <br />subject to the operational needs of the department. However, <br />if an employee who separated from the service of the City has <br />taken time off for holidays in advance of the date or day the <br />holiday actually occurred, he or she must pay the City the <br />cash value for such used but unearned holiday time off <br />benefits prior to or at the time of separation. <br /> <br />9.3 <br /> <br />Cash Option. Employees covered by this Agreement shall be <br />given an option once per calendar year after November 1 to <br />receive cash compensation computed on a straight time basis in <br />lieu of forty (40) hours of their holiday leave benefits set <br />forth in Section 9.2 above. <br /> <br />Such option may be eliminated or modified to the extent it is <br />construed as overtime under Department of Labor guidelines <br />implementing provisions of the Fair Labor Standards Act <br />(FLSA) . <br /> <br />Such option is only available to those employees who have <br />utilized their "must use" vacation time by November 1 each <br />qualifying year; however, any affected employee who is, or has <br />been, unable to take vacation because of department staffing <br />needs, as determined by the Chief of Police, shall be entitled <br />to this option. <br /> <br />In order to accommodate the implementation of holiday cashout <br />during the term of this agreement, on a one-time only basis, <br />employees covered by this Agreement may carryover 40 hours of <br />unused holiday time from calendar year 2003 to calendar year <br />2004. This one-time only carryover provision is for the <br />express purpose of cashing out holidays, and may not be <br />utilized to take additional holiday time off during calendar <br />year 2004. Any 2003 holiday time not cashed out by February <br />29, 2004, shall be forfeited. <br /> <br />9.4 <br /> <br />A newly-appointed employee must actually work at least one day <br />preceding the day a holiday listed in Section 9.1, supra, <br />actually occurs in order to receive credit for such holiday. <br />The employee will then be credited with all remaining holidays <br />in the year occurring after the appointment. <br /> <br />An employee separating from the service of the City must <br />actually work at least one day following the day a holiday <br />listed in Section 9.1, supra, actually occurs in order to <br />receive credit for that holiday. <br /> <br />37 <br />