Common use of Payment upon Separation from City Service Clause in Contracts

Payment upon Separation from City Service. An employee with vacation accrual who is about to be separated from City service through resignation, discharge, retirement, or layoff and who has unused vacation leave to his/her credit, shall be paid at the employee's hourly rate of pay at the time of separation in a lump sum or, at the employee's option, subject to approval by the Auditor's Office, the employee may elect in writing (at a time specified by the Auditor's Office for processing terminal leave pay) to receive three (3) equal installments - one-third (1/3) at the time of separation, one-third (1/3) one year later, and the final one-third (1/3) two years after separation (less applicable withholding) for each hour of unused vacation leave, less any amounts owed by the employee to the City, provided, however, that such payment shall not exceed the maximum number of vacation hours outlined in Section 11.2. However, an employee who is involved in a layoff or certification termination and who has unused vacation leave to his/her credit at the time the layoff is effective, may choose, in lieu of a lump sum cash payment for such unused vacation credit, to leave such vacation credit on account to be restored to his/her credit upon reemployment, provided such reemployment occurs within thirty-five (35) calendar days. If the reemployment does not occur within thirty-five (35) calendar days, then any unused vacation leave left on account will be paid in lump sum to the employee, as provided for in this Section 11.5.

Payment upon Separation from City Service. An employee with vacation accrual who is about to be separated from City service through resignation, discharge, retirement, or layoff and who has unused vacation leave to his/her credit, shall be paid at the employee's hourly rate of pay at the time of separation in a lump sum or, at the employee's option, subject to approval by the Auditor's Office, the employee may elect in writing (at a time specified by the Auditor's Office for processing terminal leave pay) to receive three (3) equal installments - one-one- third (1/3) at the time of separation, one-third (1/3) one year later, and the final one-third (1/3) two years after separation (less applicable withholding) for each hour of unused vacation leave, less any amounts owed by the employee to the City, provided, however, that such payment shall not exceed the maximum number of vacation hours outlined in Section 11.2. However, an employee who is involved in a layoff or certification termination and who has unused vacation leave to his/her credit at the time the layoff is effective, may choose, in lieu of a lump sum cash payment for such unused vacation credit, to leave such vacation credit on account to be restored to his/her credit upon reemployment, provided such reemployment occurs within thirty-five (35) calendar days. If the reemployment does not occur within thirty-five (35) calendar days, then any unused vacation leave left on account will be paid in lump sum to the employee, as provided for in this Section 11.5.