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<br />9.3 Cash Option. Employees covered by this Agreement shall be <br />gi ven an option twice per calendar year to receive cash <br />compensation computed on a straight time basis in lieu of <br />eighty (80) hours of their annual holiday leave benefits set <br />forth in Section 9.2 above. Specifically, employees may <br />begin to cash out up to 40 hours beginning on April 1, 2005 <br />ending April 30, 2005 and up to 40 hours beginning on <br />November 1, 2005 ending November 30, 2005. If, however, an <br />employee did not cash out any of their holiday time in <br />April, they may cash out up to 80 hours in November. <br /> <br />Such option may be eliminated or modified to the extent it <br />is construed as overtime under Department of Labor <br />guidelines implementing provisions of the Fair Labor <br />Standards Act (FLSA). <br /> <br />9.4 A newly-appointed employee must actually work at least one <br />day preceding the day a holiday listed in Section 9.1, <br />supra, actually occurs in order to receive credit for such <br />holiday. The employee will then be credited with all <br />remaining holidays in the year occurring after the <br />appointment. <br /> <br />An employee separating from the service of the City must <br />actually work at least one day following the day a holiday <br />listed in Section 9.1, supra, actually occurs in order to <br />receive credit for that holiday. <br /> <br />A newly-appointed employee must complete six (6) months of <br />continuous, full-time service in order to receive credit for <br />the Floating Holiday listed in Section 9.1 above. <br /> <br />9.5 This "time off," as defined in Article X, Section 10.6, may <br />be taken in increments as small as one half (1/2) hour, with <br />fractional usage rounded upward to the next higher multiple <br />of one half (1/2) hour. <br /> <br />9.6 Holiday benefits may not be carried over from one calendar <br />year to the next. <br /> <br />38 <br />