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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 Buy 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 15rh <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&SEW Full-Time Employees Unit Page 44 <br />