Vacation Allowance Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 of this MOU. Vacation credits may be taken in one (1) minute increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken.
Separation Allowance If a regular full-time or regular part-time employee resigns within thirty (30) days of receiving notice of layoff, the employee shall be entitled to a separation allowance of two (2) weeks for each year of continuous service to a maximum of (26) weeks pay, and, on production of receipts from an approved educational program, within twelve (12)months of resignation, may be reimbursed for tuition fees up to a of three thousand dollars ($3,000). The displacement procedure prescribed by Article shall not operate to permit more than two displacements and the third person so displaced shall only have the right to displace another employee who has lesser bargaining unit and who is the least senior employee in all lower or identical paying classifications in the bargaining unit. This will also apply to bumping into part-time which will mean another two (2) bumps provided that the full-time employee has more seniority. The Hospital shall give each employee the bargaining unit who has actually been laid off following the completion of the bumping process, and who is to be laid off for a period of more than thirteen (13)weeks, three (3)months notice in writing of the employee’s xxx-xxxxx at the discretion of the Hospital, pay in lieu of notice. In other cases of lay-off, that exceeds two weeks, the shall give an employee in the bargaining unit acquired one weeks notice, provided however, such notice shall not be required if the lay-off occurs because of emergencies. For example: power failure, act of God, equipment breakdown, or any other conditions beyond the reasonable control of the Hospital. Article as long as there is not a laid off senior employee who is eligible for an employee who is laid off, or an employee who has displaced an employee in another position as a result of the layoff, or an employee to work in a different position than the one the employee held prior to the layoff, be entitled to to the position the employee held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided the employee remains qualified and able to the duties of the position. Employees who have been laid off (i.e. are no longer in the Hospital) for up to (24) calendar months shall be recalled to or lower-rated classifications in the order of their seniority, provided they have the qualifications and ability to perform the available work and this not require posting. The hospital shall notify the employee of recall by registered mail, addressed to the last address on record with the hospital. The notification shall state the job to which the employee is eligible to be and the date and time at which the employee is to report for work. An employee given notice of recall by registered have three (3) days after receipt of such notice to the employee's intention, in to return to work on the date specified by the Employer or another date as mutually agreed. Any employee who does not so shall be deemed to have ceased with the Employer. The Employer be entitled to rely, for ail purposes, on the latest address of the employee contained in the records of the Employer. No new employee shall be hired in a in which a layoff has taken place employees laid off from that classification or displaced out of the classification who have been laid off or displaced for up to twenty-four (24) calendar months and are eligible for recall as prescribed in this article have been given the opportunity to to work in the classification from which the employees were laid off or displaced.
Relocation Allowance An employee who is promoted and required by agency policy to relocate his residence shall be granted time off with pay for one workday for this purpose. In addition, the employee shall be granted travel time to the new location based on the most direct route. No employee will be credited with more than the number of hours in the employee’s regular workday and such time shall not be counted as hours worked for the purpose of computing compensatory time or overtime.
Vacation Usage Each department or agency head shall be responsible for scheduling the vacation periods of their employees in such a manner as to achieve the most efficient functioning of the department or agency and the County service. The granting of a vacation period less than the employee's annual entitlement is to be discouraged so that the full benefit of the vacation plan can be realized by each employee. The appointing authority shall determine when vacations will be taken.
Severance Amount If the Company is required to pay Executive severance by the express terms of Section 7(a) or 7(b), the Company shall pay Executive the following as severance:
(1) Executive's Base Salary at the highest rate in effect prior to the Termination Date as salary continuation for a period of eighteen months commencing on the date on which Executive's employment with the Company is terminated (the "TERMINATION DATE") (the "SEVERANCE PERIOD"), payable in equal monthly installments pursuant to the Company's customary payroll practices for executive salaries; provided, however, that, at the option of the Company, the amounts payable under this Section 7(c) may be paid by the Company in one lump sum.
(2) Executive, Executive's spouse, and Executive's dependents will continue to be eligible for coverage under the Company's group health plan or any successor plan on the same basis as active executive employees of the Company, their spouses, and their dependents for the duration of the Severance Period. If and when group health coverage under another employer's plan is made available to Executive, Executive's spouse, or Executive's dependents, the Company's obligations under this paragraph will cease with respect to each person to whom such coverage is made available, notwithstanding that such person may not in fact become covered under such other employer's plan. Executive's portion of the premium for such coverage shall be withheld from the salary continuation payments described in paragraph (1) immediately above or, if salary continuation has been paid in a lump sum, Executive shall reimburse the Company for Executive's portion of the premium on a monthly basis.
(3) An amount equal to the sum of amounts paid or payable to Executive as bonuses by the Company for the year prior to the year in which the Termination Date occurs. This amount will be payable in one lump sum, to Executive within 30 days after the end of the Severance Period.
(4) Executive shall become 100% vested in all of the shares of restricted stock granted to Executive under the Mariner Energy, Inc. Equity Participation Plan to the extent Executive is less than 100% vested in such shares as of the Termination Date.
(5) Executive shall become 50% vested in all of the rights and interests granted to Executive under the Company's stock and other equity plans (other than the Mariner Energy, Inc. Equity Participation Plan), including without limitation any stock options, restricted stock, restricted stock units, performance units, and/or performance shares to the extent Executive is less than 50% vested in such award as of the Termination Date.
(6) Notwithstanding any other provision hereof, if the Company incurs an obligation to pay severance under this Section 7(c) in connection with the termination of Executive's employment after the consummation of an initial public offering by the Company, then, subject to Section 7(h), Executive shall be entitled to receive the amounts specified in Section 8(a) in lieu of the amounts specified in Sections 7(c)(1) and 7(c)(3).
(7) Payments under this Section 7(c) shall be in lieu of any severance benefits otherwise due to Executive under any severance pay plan or program maintained by the Company that covers its employees or executives generally. If Executive receives payment under Section 8(a), payments otherwise payable under Section 7(c)(1) shall terminate.
On-Call Duty 11.01 Both parties hereto accept that, in order to provide appropriate service and care to patients/residents/clients, on-call duty hours may be required to be worked by Employees in addition to regular hours. Positions that are designated for on- call duties must be approved by the Employer designate and the Regional Medical Lead of the Employer. During an on-call shift, an Employee may be required to take phone calls or attend on-site at the facility and perform duties if requested. The Employee is therefore required to be available to return to work without undue delay. On-call duty hours are not hours where an Employee is required to be, or remain, on-site at the facility awaiting assignment of work, including coverage of a shift for another employee or resident physician.
11.02 An Employee in a position with approved on-call duties shall not be scheduled to work such duties in excess of seven (7) times averaged over a four (4) week call period (1:4), unless otherwise agreed between the Employee and the Employer. The duration of an on-call shift shall be determined by the Employer, but shall not exceed twenty-four (24) hours.
11.03 An on-call stipend of $200.00 per twenty-four (24) hour on-call shift shall be provided. If two or more Employees split an on-call shift, the on-call stipend payable for that shift will be pro-rated between Employees that split an on-call shift.
11.04 In addition to the on-call stipend, an Employee that is on-call and required by the Employer to return to work shall be paid at time and one-half (1.5x) for all such hours worked.
11.05 Hours of on-call duty and hours worked after being called into work while on-call shall not be included in the calculation of bi-weekly hours of work (or hours of work over four (4) weeks for Part-Time Employees) or overtime hours of work.
11.06 If an Employee is on-call and is called into work for more than four (4) hours, of which more than two (2) full hours is after midnight and before 0600 hours, and the Employee is scheduled to work on a day shift commencing the morning immediately following the on-call shift, the Employer will make a determination of one of the following:
(a) the Employee will be assigned administrative (non-clinical) duties during the day shift, and may be permitted to start the day shift at a later time but shall not suffer any loss of pay for the period of the shift that is not worked.
(b) where no administrative (non-clinical) duties are considered necessary, the Employee will be rescheduled to commence clinical duties at 1300 but shall not suffer any loss of pay for the period of the shift that is not worked; or
(c) where the Employer considers that the duties performed during the on-call shift were particularly onerous, the Employee will not be required to work on the day shift and shall not suffer any loss of pay.
11.07 The duration of a call back to work shall be calculated starting from the time that the Employee arrives at the facility until the time that the Employee is no longer required to be at the facility. Notwithstanding, the Employee shall be paid not less than time and one-half (1.5) hour at straight time for each call back to work, including call backs that are cancelled while the Employee is en route to the facility.
Accrued Benefit 1.05 1.16 Nonforfeitable ............................................. 1.05 1.17 Plan Year/Limitation Year .................................. 1.05 1.18 Effective Date ............................................. 1.05 1.19 Plan Entry Date ............................................ 1.05 1.20
Death During Benefit Period If the Executive dies after the benefit payments have commenced under this Agreement but before receiving all such payments, the Company shall pay the remaining benefits to the Executive's beneficiary at the same time and in the same amounts they would have been paid to the Executive had the Executive survived.
Exception for Amounts Covered by Insurance Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties and amounts paid in settlement) to the extent such have been paid directly to the Indemnitee by D&O Insurance.
Holder’s Exercise Limitations The Company shall not effect any exercise of this Warrant, and a Holder shall not have the right to exercise any portion of this Warrant, pursuant to Section 2 or otherwise, to the extent that after giving effect to such issuance after exercise as set forth on the applicable Notice of Exercise, the Holder (together with the Holder’s Affiliates, and any other Persons acting as a group together with the Holder or any of the Holder’s Affiliates), would beneficially own in excess of the Beneficial Ownership Limitation (as defined below). For purposes of the foregoing sentence, the number of shares of Common Stock beneficially owned by the Holder and its Affiliates shall include the number of shares of Common Stock issuable upon exercise of this Warrant with respect to which such determination is being made, but shall exclude the number of shares of Common Stock which would be issuable upon (i) exercise of the remaining, nonexercised portion of this Warrant beneficially owned by the Holder or any of its Affiliates and (ii) exercise or conversion of the unexercised or nonconverted portion of any other securities of the Company (including, without limitation, any other Common Stock Equivalents) subject to a limitation on conversion or exercise analogous to the limitation contained herein beneficially owned by the Holder or any of its Affiliates. Except as set forth in the preceding sentence, for purposes of this Section 2(e), beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder, it being acknowledged by the Holder that the Company is not representing to the Holder that such calculation is in compliance with Section 13(d) of the Exchange Act and the Holder is solely responsible for any schedules required to be filed in accordance therewith. To the extent that the limitation contained in this Section 2(e) applies, the determination of whether this Warrant is exercisable (in relation to other securities owned by the Holder together with any Affiliates) and of which portion of this Warrant is exercisable shall be in the sole discretion of the Holder, and the submission of a Notice of Exercise shall be deemed to be the Holder’s determination of whether this Warrant is exercisable (in relation to other securities owned by the Holder together with any Affiliates) and of which portion of this Warrant is exercisable, in each case subject to the Beneficial Ownership Limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. In addition, a determination as to any group status as contemplated above shall be determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder. For purposes of this Section 2(e), in determining the number of outstanding shares of Common Stock, a Holder may rely on the number of outstanding shares of Common Stock as reflected in (A) the Company’s most recent periodic or annual report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company or the Company’s transfer agent setting forth the number of shares of Common Stock outstanding. Upon the written or oral request of a Holder, the Company shall within two Trading Days confirm orally and in writing to the Holder the number of shares of Common Stock then outstanding. In any case, the number of outstanding shares of Common Stock shall be determined after giving effect to the conversion or exercise of securities of the Company, including this Warrant, by the Holder or its Affiliates since the date as of which such number of outstanding shares of Common Stock was reported. The “Beneficial Ownership Limitation” shall be 9.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common Stock issuable upon exercise of this Warrant. The Holder, upon notice to the Company, may increase or decrease the Beneficial Ownership Limitation provisions of this Section 2(e), provided that the Beneficial Ownership Limitation in no event exceeds 9.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common Stock upon exercise of this Warrant held by the Holder and the provisions of this Section 2(e) shall continue to apply. Any increase in the Beneficial Ownership Limitation will not be effective until the 61st day after such notice is delivered to the Company. The provisions of this paragraph shall be construed and implemented in a manner otherwise than in strict conformity with the terms of this Section 2(e) to correct this paragraph (or any portion hereof) which may be defective or inconsistent with the intended Beneficial Ownership Limitation herein contained or to make changes or supplements necessary or desirable to properly give effect to such limitation. The limitations contained in this paragraph shall apply to a successor holder of this Warrant.
