§ 39.183  MAXIMUM BALANCE AND PAYMENT.
   (a)   Regular full-time employees may accumulate vacation as set forth in § 39.180 without limitation, provided that as of December 31 of each calendar year the employee's maximum balance of unused vacation shall not exceed the following:
      (1)   For employees hired before January 1, 2012, the maximum balance of unused vacation shall not exceed 280 hours.
      (2)   For employees hired after December 31, 2011, the maximum balance of unused vacation shall not exceed 240 hours.
      (3)   For fire management employees hired before January 1, 2012, assigned to a shift schedule, the maximum balance of unused vacation shall not exceed 336 hours.
      (4)   For fire management employees hired after December 31, 2011, assigned to a shift schedule, the maximum balance of unused vacation shall not exceed 288 hours.
Any unused vacation hours remaining in an employee’s accumulated balance in excess of maximums identified above as of 12 midnight on December 31 of each year shall be forfeited, except as specifically set forth in this Code. The above forfeiture provision shall not apply for the calendar year ending December 31, 2020.
   (b)   In the event of discharge, resignation in good standing, or death, any vacation time the employee has accumulated and not used before the date of separation from his or her employment, up to the applicable maximum identified in division (a) above, shall be paid at the employee's regular base rate as of the date of separation to the employee or to the surviving spouse, or if no spouse survives to his or her estate. Under no circumstances shall payment be made for accumulated vacation in excess of the prescribed maximums identified in division (a).
   (c)   Except as specifically set forth in this section, no payment may be made in lieu of vacation.
   (d)   Midmanagement employees may be compensated for up to 40 hours of a scheduled and approved vacation if the vacation is cancelled after October 1 of a calendar year due to the needs of the city and the employee risks forfeiture of unused vacation. A copy of the employee’s time-off request form and a statement of the reason for cancellation of the vacation shall be filed with the director of human resources. Fire shift management employees may be compensated for up to 48 hours of scheduled vacation pursuant to this subsection.
(1957 Rev. Ords., §3.205; 1992 Code, §30-140)  (Ord. 2465, passed 12-12-1966; Ord. 99-84, passed 6-25-1984; Ord. 87-91, passed 11-25-1991; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 128-99, passed 12-13-1999; Ord. 96-11, passed 12-19-2011; Ord. 103-20, passed 12-1-2020)