Payment for Unused Sick Leave (a) An employee with less than ten (10) years of FIU service who separates from FIU shall not be paid for any unused sick leave.
(b) An employee who has completed ten (10) or more years of FIU service, has not been found guilty or has not admitted to being guilty of committing, aiding, or abetting any embezzlement, theft, or bribery in connection with State government, or has not been found guilty by a court of competent jurisdiction of having violated any State law against or prohibiting strikes by public employees, and separates from FIU because of retirement for other than disability reasons, termination, or death, shall be compensated at the employee's current regular hourly rate of pay for one-eighth of all unused sick leave accrued prior to October 1, 1973, plus one- fourth of all unused sick leave accrued on or after October 1, 1973; provided that one-fourth of the unused sick leave since 1973 does not exceed 480 hours. The compensation in this paragraph 8(4)(b) shall not be given to an employee who starts employment at FIU on or after July 1, 2006.
(c) Upon layoff, an employee with ten (10) or more years of FIU service shall be paid for unused sick leave as described in paragraph b., above, unless the employee requests in writing that unused sick leave be retained pending re-employment. For an employee who is re-employed by the University within twelve (12) calendar months following layoff, all unused sick leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump sum leave payments received at the time of layoff. An employee who is not re- employed within twelve (12) calendar months following layoff shall be paid for sick leave in accordance with this Policy.
(d) All payments for unused sick leave shall be made in lump sum and shall not be used in determining the average final compensation of an employee in any State administered retirement system. An employee shall not be carried on the payroll beyond the last official day of employment, except that an employee who is unable to perform duties because of a disability may be continued on the payroll until all sick leave is exhausted.
(e) If an employee has received a lump sum payment for accrued sick leave, the employee may elect in writing, upon re-employment within 100 days, to restore the employee's accrued sick leave. Restoration will be effective upon the repayment of the full lump sum leave payment.
(f) In the event of the death of an employee, payment for unused sick leave at the time of death shall be made to the employee's beneficiary, estate, or as provided by law.
Payment for Working on a Holiday (The following clause is applicable to full-time employees only)
Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period.
(b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.
Payment for Working Overtime on a Holiday Where an employee is required to work authorized overtime in excess of his regularly scheduled hours on a paid holiday, such employee shall receive twice (2x) his regular straight time hourly rate for such authorized overtime.
Legal Holiday If the date on which any payment is due shall not be a Business Day, then (notwithstanding any other provision of the Notes or this Indenture) payment need not be made on such date but may be made on the next succeeding Business Day with the same force and effect as if made on the date on which nominally due, and no interest shall accrue for the period from and after any such nominal date.
Annual Holidays All colleagues covered by this Agreement are entitled to holiday entitlement (inclusive of bank holidays) as set out in the table below. The entitlement is based on a working week of 40 hours across 5 days. Colleagues working other shift patterns will have a pro rata entitlement based on their contracted hours and length of service: Number of Years Service Total Holiday Entitlement in days (inclusive of bank holidays) Holiday Hours based on 40 hour contract In First 2 years’ Service 30 240 After 2 years’ Service 32 256 After 5 years’ Service 34 272 After 15 years’ Service 36 288 The increase in holiday entitlement will be effective from the start of the holiday year (1st April) following the service anniversary. Where a colleague takes a full holiday week, the deduction from their annual leave entitlement will be based on the colleague’s weekly contracted hours. For single day absences, the number of hours deducted from the annual entitlement will be the colleague’s weekly contracted hours divided by the number of contracted days. Holiday entitlement is to be taken in the period 1st April in each year to 31st March in the following year. All holidays must normally be taken within the appropriate holiday year and cannot be carried forward from one year to the next. However, and only in exceptional circumstances, the General Manager may authorise holidays to be carried forward. If a colleague does not book holidays when requested to do so the holidays may be allocated by the manager in order to avoid holiday “congestion” or the colleague losing holiday entitlement. Any occasion when the depot is closed will be counted as a day’s holiday for a colleague scheduled to work and automatically deducted from the annual holiday entitlement. This would normally happen on public holidays such as Christmas day, or in the event of planned closures. The table below provides a broad indication of the amount of holiday that colleagues should aim to take in each period. Depots will review holiday usage against these principles to ensure that holiday is taken by colleagues and there is no congestion at the end of the holiday year. April May June July August September 50% October November December 25% January February March 25% A colleague leaving the Co-op will receive payment in lieu of any holidays accrued but untaken. The Co-op will make the appropriate deductions for any holidays taken in excess of the amount accrued. Holiday Pay is calculated to ensure compliance with the Working Time Regulations: • From April 2020, holiday pay will be calculated based on average earnings over the rolling previous 52 weeks or Basic Salary, whichever is the higher. • If a colleague has less than 52 weeks service, holiday pay will be calculated based on their average earnings over the total number of weeks during which they have been employed by us or their Basic Salary, whichever is the higher. Note: average earnings will include all elements as required by law from time to time. Holidays will not be allocated but will be offered to colleagues on a ‘first come first served’ basis with maximum quotas set for each holiday week relevant to each Depot. As the holiday year runs from the 1st April until the 31st March the weekly quotas will be published at the beginning of February for the following year’s holiday entitlements.
Monday An employee should not work more than 16 hours and must take an 8 hour break before continuing work. Therefore, an employee called in at 7:00 p.m. Sunday could work until 11:00
Monday to Friday The Executive's salary has been computed to reflect that his regular duties are likely, from time to time, to require more than the normal hours per week and the Executive shall not be entitled to receive any additional remuneration for work outside normal hours.
Floating Holiday All employees except intermittent, emergency, and temporary employees shall also receive one (1) floating holiday each fiscal year of this Agreement. However, seasonal employees shall be eligible for only one (1) floating holiday per season and intermittent employees shall receive one (1) floating holiday each fiscal year of this Agreement if they complete ninety-one (91) working days in that fiscal year. Unless waived by the supervisor, the employee must request the floating holiday at least fourteen (14) calendar days in advance. The Appointing Authority may limit the number of employees that may be absent on any given day subject to the operational needs of the Appointing Authority. Any conflicts for requested holidays shall be resolved on the basis of State Seniority within the employee's work unit. The Appointing Authority shall make a reasonable effort to approve the requested holiday. Floating holidays may not be accumulated. An employee who has not requested the floating holiday by March 1 of each fiscal year or by thirty (30) calendar days prior to the end of an employee's season shall be scheduled to take a floating holiday on a day chosen by the Appointing Authority or be paid for the floating holiday in cash at the option of the Appointing Authority.
Working on a Holiday An employee who is required to work on a holiday shall be paid at the rate of straight time plus time and one-half (1 1/2).
