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Such option maybe eliminated or modified to the extent it is construed as overtime <br />under Department of Labor guidelines implementing provisions of the Fair Labor <br />Standards Act (FLSA). <br />9.4 Anewly-appointed employee must actually work at least one day preceding the day a holiday <br />listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday. The <br />employee will then be credited with all remaining holidays in the year occurring after the <br />appointment. <br />An employee separating from the service of the City must actually work at least one day <br />following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive <br />credit for that holiday. <br />Anewly-appointed employee must complete six (6) months of continuous, full-time service <br />in order to receive credit for the Floating Holiday listed in Section 9.1 above. <br />9.5 This "time off," as defined in Article X, Section 10.6, may be taken in increments as small as <br />one half (1 /2) hour, with fractional usage rounded upward to the next higher multiple of one <br />half (1 /2) hour. <br />9.6 Effective July 1, 2009, a maximum of one (1) year of Holiday benefits may be carried over <br />from one calendar year to the next. An employee terminating employment with the City may <br />cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 <br />hours. <br />37 <br />