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<br />C. A period of earlier service does not apply toward <br />longevity vacation accumulation when an employee has <br />had a break in continuous service, unless the break in <br />service is concluded by reappointment, as provided in <br />Section 9-114 of the Santa Ana Municipal Code or by <br />reemployment from layoff within one (1) year. <br /> <br />D. Leave of absence without pay, as provided in Article <br />XI, Section IE (Sick Leave-Extended) and Section 10.8 <br />(Authorized Absence Without Pay - Long Term) herein, <br />does not constitute a break in continuous service as <br />used in this section; however, the leave of absence <br />period shall not be applied toward the accumulation of <br />longevity vacation. Absence on military leave followed <br />by reinstatement, as provided in Section 9-143 of the <br />Santa Ana Municipal Code does not constitute a break in <br />service, and the period of absence on such military <br />leave shall be applied toward the accumulation of <br />longevity vacation. <br /> <br />E. Effective July 1, 2005, employees covered by this <br />Agreement shall be given an option once per calendar <br />year, to receive cash compensation computed on a <br />straight time basis in lieu of up to a total of forty <br />(40) hours of their longevity vacation leave benefits <br />set forth in Subsection A above. <br /> <br />Such option may be eliminated or modified at the <br />discretion of the Department to the extent it is <br />construed as overtime under Department of Labor <br />guidelines implementing provisions of the Fair Labor <br />Standards Act (FLSA) <br /> <br />10.4 Limitation on Vacation. With the exception of a retiring <br />employee, no employee is granted, and no employee shall be <br />allowed to take, any vacation leave with pay in excess of <br />400 hours in anyone year by any combination of the <br />vacations granted in this Agreement. Further, no employee <br />may carryover from one calendar year to the next more than <br />the equivalent of one longevity vacation period and the <br />equivalent of one regular vacation period from the previous <br />two (2) years, and vacation not taken beyond that amount is <br />forfeited. Therefore, the maximum vacation that an employee <br />with less than six (6) years service could accumulate is 240 <br />hours and only an employee with more than 20 years of <br />service could carryover and take the authorized maximum of <br />400 hours in anyone year. <br /> <br />Notwithstanding the foregoing, for any affected employee who <br />is in jeopardy of losing vacation because of department <br />staffing needs, the Police Chief may provide for a 30-day <br />extension beyond the normal cut off date so that such <br />employee will not lose vacation time. <br /> <br />41 <br />