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SECTION 8.9 VACATION BENEFITS

1. All permanent full-time City employees shall be credited with vacation leave without loss of pay as follows:

A. After the first six (6) months of continuous service with the City of Malden, employees shall be allowed a vacation of two (2) workweeks, to be credited on the first day of the seventh month of service.

B. For each year up to five (5) years of credited service, completed as of January 1, said employees shall be allowed a vacation of two (2) workweeks, to be credited on January 1 of each year after six (6) months of service.

C. For each year more than five (5) years but less than ten (10) years of credited service, completed as of January 1, said employees shall be allowed a vacation of three (3) work weeks, to be credited on January 1 of each year after five (5) years of service.

D. For each year more than ten (10) years but less than twenty (20) years of credited service, completed as of January 1, said employees shall be allowed a vacation of four (4) workweeks, to be credited on January 1 of each year, after ten (10) years of service.

E. For each year more than twenty (20) years of credited service, completed as of January 1, said employees shall be allowed a vacation of five (5) workweeks, to be credited on January 1 of each year, after twenty (20) years of service.

2. Scheduling of vacations for employees shall be subject to the approval of the Department Head. Department Heads shall notify the Mayor and the Human Resources Director, in writing, of their scheduled vacations. In the event of conflict, seniority shall prevail in selection of vacation time. Employees may carry over one year of vacation credit. Vacation not used in the vacation year in which it becomes available must be used by the end of the following vacation year or it is forfeited. An employee may not accumulate more than two (2) years vacation credits at any time.

3. Any employee who attains an anniversary date of service, such as the fifth, tenth, or twentieth year, at which time said employee would be entitled to receive an additional week of vacation time as specified above, shall be credited with said additional week as of the employee's annual anniversary date of employment. Thereafter, said additional week shall be credited as of January 1 of the following year.

4. Persons employed on a permanent part-time basis who regularly work a minimum of twenty (20) hours per week shall be credited with that proportion of the vacation leave, provided above, which their part-time service bears to full-time service.

5. Upon termination of service, an employee shall receive vacation pay equivalent to any unused vacation leave accrued under the provisions of this ordinance; provided that no payment of accrued vacation leave shall be made to an employee who has been charged with misappropriation of city funds or property, a criminal offense involving violation of the laws applicable to his office or position, or an offense under the provision of MGL Chapter 268A Section 2 or Chapter 265 Section 25 until final determination of pending charges; and provided further that an employee who is finally convicted of any of the aforementioned charges shall forfeit the right to any payment otherwise due under this section.

6. All employees of the City who had employment under Malden CETA, Malden Community Development or other similar grant programs, Malden Redevelopment Authority, Malden Housing Authority, or other State, County, or Municipal employment within the Commonwealth of Massachusetts shall count this time toward eligibility for vacation benefit as credited service.