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• Leave Bank has a balance of more than 720 hours, the exchange of hours described above will not occur for that fiscal year. Employees hired during the year will have no deduction until the following fiscal year's leave bank transfer. Employees separating employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank. The City will administer taxes as believed to be consistent with all applicable laws governing the taxation of these donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of tax law. This liability will fall solely on the bargaining unit and its members. The union will indemnify the City for any claims both actual winnings and attorneys fees. The City will choose its own attorney in these matters. Usage of the Union Leave Bank When a bargaining unit employee has received the appropriate approval to be absent from his/her schedule shift(s) for union business, payment of the employee(s) covering for the shifts(s), at the applicable regular or overtime rate, will be made, hour for hour, from the Union Leave Bank. The employee absent from work on union business shall receive pay for their regularly scheduled shift, as such absence shall be recorded as paid Union Leave. Authorization for use of the Union Leave Bank Union Leave Bank may be utilized for scheduled work absences contingent upon the following: 1. Absence is for a union authorized event or purpose. 2. Use of Union Leave Bank for absence has prior written approval of an authorized union official 3. Sufficient balance exists in Union Leave Bank to reimburse the City for the absence at applicable regular and overtime coverage 4. Absence is approved in writing by shift Battalion Chief Approval for use of the leave will be denied if there are insufficient hours in the Leave Bank to pay for the coverage of shifts during the proposed absence. Shift Coverage: The Battalion Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence, pursuant to the current practice for obtaining shift replacements. In the event Union Leave is sought at a time when there are inadequate hours in the leave bank to cover the leave, employees may seek a shift-trade, vacation or comp-time in accordance with current policy and practice. Time Card Coding: Employees absent on Union Leave and employees covering for employees absent on Union Leave shall code their time cards accordingly. Disclaimer of Liability: The City assumes no responsibility for how the leave time is used. Time spent on Union Leave is not considered time worked for purposes of worker's compensation or any other purpose and the Union shall indemnify and defend the City for any claim that arises in whole or part 22