Common use of Effect of Transfer to Position in Which Vacation Allowance Clause in Contracts

Effect of Transfer to Position in Which Vacation Allowance. is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section 78-23, Hawai`i Revised Statutes, for vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An Employee who, pursuant to the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated services for the purposes of this Article. The Employee's choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits.

Appears in 2 contracts

Samples: Unit Agreement, Collective Bargaining Agreement

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Effect of Transfer to Position in Which Vacation Allowance. is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated the Employee’s services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section Section 78-23, Hawai`i Revised Statutes, for the Employee’s vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An Employee who, pursuant to the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated services for the purposes of this Article. The Employee's choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits.

Appears in 1 contract

Samples: Unit Contract

Effect of Transfer to Position in Which Vacation Allowance. is Is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is then entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section 78-23, Hawai`i Revised Statutes, for vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An Employee who, pursuant to the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated services for the purposes of this Article. The Employee's choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits.

Appears in 1 contract

Samples: Unit Agreement

Effect of Transfer to Position in Which Vacation Allowance. is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section Section 78-23, Hawai`i Revised Statutes, for vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An Employee who, pursuant to the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated services for the purposes of this Article. The Employee's choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave credits.

Appears in 1 contract

Samples: Unit Agreement

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Effect of Transfer to Position in Which Vacation Allowance. is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated the Employee's services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is then entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section 78-23, Hawai`i Revised Statutes, for the Employee's vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which the Employee would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An Employee who, pursuant to the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated the Employee's services for the purposes of this Article. The Employee's choice of lump sum payment for the Employee's vacation allowance will not of itself cause the forfeiture of the Employee's unused sick leave credits.

Appears in 1 contract

Samples: Unit Agreement

Effect of Transfer to Position in Which Vacation Allowance. is Not Earnable. When an Employee is transferred from or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the Employer in which vacation allowance may not be earned, the Employee may be deemed, for purposes of receiving pay in lieu of vacation, including any lapsed vacation in excess of the maximum allowed, to have terminated services. But in the event that the Employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of forfeiting any vacation allowance to which the Employee is entitled. I. Pay for Vacation Allowance Upon Termination and When Moving Between Jurisdictions of the State. 1. Whenever a termination of services takes place, the Employee is to be paid, in accordance with section Section 78-23, Hawai`i Revised Statutes, for vacation allowance either in a lump sum or in the normal manner as provided in subsection 2. 2. When payment in a lump sum is made to an Employee hired on or before June 30, 1997, the sum payable for vacation allowance shall be equal to the amount of compensation to which the Employee would be entitled or which would be allowed during the vacation period if the Employee were permitted to take the Employee's vacation in the normal manner. Whenever an Employee is discharged for cause or when payment in a lump sum is made to an Employee hired after June 30, 1997, the lump sum vacation allowance payable shall be computed on the basis of the Employee's accumulated vacation hours multiplied by the Employee's hourly rate of pay as of the effective date of discharge or termination. 3. However, if the Employee is rehired within seven (7) calendar days by the Employer and will continue to earn vacation allowance, such a payment shall not be made. 4. When an Employee moves from one Employer jurisdiction to another to accept employment in a position in which vacation allowance is earned, the Employee shall be given credit for the vacation earned or accumulated in the jurisdiction from which the Employee transferred, and the director of finance of the State or the equivalent officers of the counties, Judiciary, and the Hawai`i Health Systems Corporation, as the case may be, shall make the appropriate transfer of funds to implement the transfer. However, the Employee may request and receive payment of a portion of or all of the Employee’s vacation credits accumulated up to the effective date of the movement. 5. An J. In the event that a vacation request is denied by the department head, the Employee who, pursuant to may request the U.S. Universal Military Service and Training Act or other Federal statute is called or ordered and reports either voluntarily or involuntarily for active military duty with a branch of the U.S. Armed Forces shall be deemed to have terminated services reasons for the purposes of this Article. The Employee's choice of lump sum payment for vacation allowance will not of itself cause the forfeiture of unused sick leave creditsdenial in writing be furnished.

Appears in 1 contract

Samples: Unit Agreement

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