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However, if an employee who separated from the service of the City has taken time off for <br />holidays in advance of the date or day the holiday actually occurred, he or she must pay <br />the City the cash value for such used but unearned holiday time off benefits prior to or at <br />the time of separation. <br />Holiday Leave Carryover - The parties agree to modify the maximum annual holiday leave <br />benefit carryover as follows: In 2014, 160 hours; 2015, 140 hours; 2016, 120 hours; in <br />2017, 100 hours; in 2018, 80 hours. By January 1, 2018, the maximum annual holiday <br />leave benefit carryover shall revert back to that as set forth in subsection "9.2", above, and <br />that any accumulated holiday leave benefits in excess of that maximum allowable <br />carryover limit not used prior to December 315' each year, shall be forfeited. Said hours <br />shall be cashed out upon separation from employment, not to exceed a maximum as <br />follows: In 2014, 248 hours; 2015, 228 hours; 2016, 208 hours; 2017, 188 hours; 2018, <br />168 hours. <br />9.3 Cash Option. Employees covered by this MOU shall be given an option twice per calendar <br />year to receive cash compensation ("cash out") computed on a straight time basis in <br />exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section <br />9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave benefits <br />in April of each calendar year and an additional 40 hours of holiday leave benefits in <br />November of each calendar year. An employee that does not cash out holiday leave <br />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 Labor <br />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 employee <br />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, full-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 small <br />as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of <br />one half (1/2) hour. <br />9.6 A maximum of one (1) year of Holiday benefits may be carried over from one calendar <br />year to the next. An employee terminating employment with the City may cash out <br />accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours. <br />36 <br />25C-40 <br />