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a City observed "legal' holiday shall be paid at his or her straight time rate. <br />However, if an employee who separated from the service of the City has taken time off <br />for holidays in advance of the date or day the holiday actually occurred, he or she must <br />pay the City the cash value for such used but unearned holiday time off benefits prior to <br />or at the time of separation. <br />Holiday Leave Carryover - The parties agree to modify the maxim am annual holiday <br />leave benefit carryover as follows: In 2014, 160 hours; 2015, 140 hours; 2016, 120 <br />hours; in 2017, 100 hours; in 2018, 80 hours. By January 1, 2018, the maximum annual <br />holiday leave benefit carryover shall revert back to that as set forth in subsection "92", <br />above, and that any accumulated holiday Ieave benefits in excess of that maximum <br />allowable carryover limit not used prior to December 316` each year, shall be forfeited. <br />Said hours shall be cashed out upon separation from employment, not to exceed a <br />maximum as follows: In 2014, 248 hours; 2015, 228 hours; 2016, 208 hours; 2017, 188 <br />hours; 2018, 168 boars. <br />93 Cash Option. Employees covered by this MOU shall be given an option twice per <br />calendar year to receive cash compensation ( "cash out ") computed on a straight time <br />basis in exchange for eighty (80) hours of their annual holiday leave benefits set forth in <br />Section 9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave <br />benefits in April of each calendar year and an additional 40 hours of holiday leave <br />benefits in November of each calendar year. An employee that does not cash out holiday <br />leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in <br />November. Such option may be eliminated or modified to the extent it is construed as <br />overtime under Department of Labor guidelines implementing provisions of the Fair <br />Labor Standards Act (FLSA). <br />9.4 All employees must actually work at least one day preceding the day a holiday listed in <br />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 />A newly- appointed employee must complete six (6) months of continuous, fall -time <br />service 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 <br />small as one half (1/2) hour, with fractional usage rounded upward to the next higher <br />multiple of one half (1/2) hoar. <br />36 <br />25E -38 <br />