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B. Sick Leave during Vacation <br />Should an employee suffer a sickness or injury while on authorized vacation, each <br />full day of such sick leave, when confirmed by a physician's statement and approval <br />of the Department Head, may be deducted from the computation of vacation <br />expended and charged against the employee's accumulated sick leave as available. <br />9.5 Continuous Service Requirement <br />A. A period of earlier service does not apply toward vacation accumulation when an <br />employee has had a break in continuous service, unless the break in service is <br />concluded by reappointment or reemployment from layoff within one (1) year. <br />B. Leave of absences without pay, as provided in this MOU, do not constitute a break <br />in continuous service as used in this section; however, the unpaid leave of absence <br />period shall not be applied toward the accumulation of vacation. <br />C. Absences due to any statutorily protected leave (i.e. pregnancy disability, <br />FMLA/CFRA, or military leave) shall not constitute a break in service even if the <br />employee was not in a paid status. Such time counts as time in service and the <br />period of absence shall be applied toward the accumulation of vacation. <br />9.6 Vacation Cash -Out <br />A. Annual Buv Back <br />1. If an employee wants to cash -out unused vacation leave they accrued during <br />the calendar year, they must make an irrevocable election by December 15' <br />of the prior calendar year (i.e., by December 15, 2025 for a cash -out in <br />calendar year 2026). <br />2. The irrevocable election must indicate the amount of vacation hours the <br />employee intends to cash -out during that next calendar year. <br />The number of hours to be cashed -out cannot exceed the total number of <br />hours the employee will accrue during that same calendar year, or a <br />maximum of one hundred (100) hours, whichever is the lesser amount. <br />3. Once the election form is submitted to Human Resources, the amount of <br />hours to be cashed -out cannot be changed for that calendar year. <br />4. Employees may submit a request for cash -out up to two times (2X) per year — <br />for payment in the first paycheck of July and/or December. <br />5. In the event an employee's vacation leave balance (on either pay period when <br />they can elect to cash -out) is less than the amount of hours the employee had <br />2025 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 44 <br />