147.13 VACATION LEAVE.
   (a)    Full time employees and appointed officials shall accrue vacation leave at the rate of 3.0770 hours per biweekly pay period. Full time employees and appointed officials with seven or more years of service shall accrue vacation leave at the rate of 4.6154 hours per biweekly pay period. Full time employees and appointed officials with fourteen or more years of service shall accrue vacation leave at the rate of 6.1539 hours per biweekly pay period. Full time employees and appointed officials with twenty-two or more years of service shall accrue vacation leave at the rate of 7.6923 hours per biweekly pay period. Permanently employed part time employees who work a regularly scheduled week shall accrue a prorated rate of vacation leave hours per biweekly pay period as are herein provided for a full time employee with the same number of years of municipal service. As used in this section a “year of service” means employment by the City for twenty-six consecutive biweekly pay periods.
   (b)    Vacation leave accrued during an employee's first year of service shall be taken after completion of any probationary period. Vacation leave shall be exercised at times mutually convenient to the employee and the employee's administrative superior in accordance with such uniform regulations as may be adopted by the Board of Control. During each year of service, every employee shall be afforded reasonable opportunity to take as many hours of vacation leave with pay as were accrued by him or her during the previous service year. Employees who have accumulated a balance of unused vacation leave exceeding the number of hours accrued during the previous service year may be permitted to take additional vacation with approval of the Board of Control.
   (c)    Employees shall forfeit all right to exercise, or to be paid for, unused vacation leave credited to their vacation balance that exceeds the lesser of total number of hours accrued during the most recent three year period or 360 hours. Such excess accumulations of unused vacation leave shall be eliminated from the employee's leave balance and the employee shall not be entitled to compensation therefor. In the event an employee makes proper application for and is denied permission to use vacation leave and within twelve months thereafter becomes subject to the forfeiture of an excess accumulation of unused vacation leave, the employee shall be paid for all hours of vacation for which the denied application was made, or such portion thereof as is requested by the employee. Any vacation for which the employee receives payment shall be deducted from the employee's leave balance and the number of hours remaining in excess of the maximum accumulation hereby permitted, if any, shall stand forfeited.
   (d)    An employee who accrues vacation leave at a rate of 6.1539 or 7.6923 hours per biweekly pay period may elect to be paid for vacation leave accrued in excess of 120 hours per year. Application for payment shall be made on forms prescribed by the Finance Director. Any vacation for which the employee receives payment shall be deducted from the employee's vacation leave balance.
   (e)    Upon separation from the municipal service, an employee who has completed more than one year of service shall be entitled to payment at the employee's then current rate of pay for all unused vacation leave lawfully accrued to the employee's vacation leave balance to the date of separation that is not in excess of the maximum accumulation provided by
subsection (c) hereof.
   (f)    In the event of the death of an employee, all unused vacation leave lawfully accrued to the date of death that is not in excess of the maximum accumulation provided by subsection (c) hereof shall be paid, at the deceased employee's then current rate of pay, in accordance with
Ohio R.C. 2113.04, or to the employee's estate.
   (g)    Except as expressly provided by subsections (c), (d), (e) and (f) hereof, the entitlement to exercise vacation leave with pay shall not be convertible to pay, to cash or to any equivalent of cash.
(Ord. 7381. Passed 3-20-12.)