one sentence and in agreement settling a lawsuit that ms has had a chance against the city of springfield by way of background ms cash was terminated from her employment with the city in march of two thousand and six she initiated a lawsuit in the federal court and in december of two thousand and ten that lawsuit was settled under the terms of the settlement ms harris was reinstated position she held with the city she would receive monetary compensation allocated in various forms and should receive restored benefits the the issue in this case concerns whether during that time period she was away from work between march of two thousand and six and december of two thousand and ten ms gets a crude sick days and vacation days and the accumulated sick leave she had on the books at the time she was terminated she had previously been paid the time for terminations prove a case the second sentence specified katz seniority with the city was april of one nine hundred ninety eight which was a she started her employment with the city rather than december of two thousand and ten when she returned and that brings us to which provides our ms guest would be considered to have worked for the city at all times of the march of two thousand and six and december of two thousand and particular days as if he had worked for the city our position has the terms and title has used them that sat us means ms yes was entitled to be the same the same treatment as if she actually were those days and other which were she would have on the second vacation days covering that time period this would be very personal code are you able to bake those days curbing that act by the department of labor and employer cannot and worst of use it or lose it policy if it is prevented the employee from reasonably taking those both the city and ms katz have a fundamental agreement concerning the application of the rules of contract construction here and we agreed that the playing reading plain language of the agreement should control we agree that you should not read words into the contract that don't appear or read words out of the contract that you appear it should be read interpreted in a way so that no provision of the agreement is considered and finally it should be really read in a way so that it is consistent with other provisions of the agreement and it is our view that applying those rules here this guess would be entitled to those replicating the situation of this just gets and i've been terminated the second thing is that to adopt the city's interpretation which as i understand it that  this sentence would only apply for determining service credit one has to rely and weaved into the agreement which does not appear on its face it does not say for example that for purposes of determining current heilman the second vacation days after she returned to work she would be considered to work it does not speak to service time and instead says and quite clear she was entitled employment to put her in the same position she would have been a shit up in term she was restored to the same position she was entitled to salary and the adjustment of salary like other project managers of the same that the language is clear the the interpretation of that provision that we give is entirely consistent with the agreement as a whole are i have nothing further to add it would be happy to address any questions of my i don't see specific group for the resolution of his dad's poignant lawsuit and the terms of reinstatement contrary to her suggestion it was not intended to make  it was a compromise and as such as a compromise the details of what consideration she received was very specifically set forth in that agreement that valor consideration description he conditions under which that job description could change in the normal course of the the operation of the city or seniority eight or service time i have put forth up in our brief twelve specific considerations that she received on her return to work if the parties had intended for her to receive additional time off specified your honor keyed on the first sentence of that gets shall be restored all the cumulated six days which she had at the time her separation from employment with the city in march of two thousand  earned seems illogical that it would say that if if that was and we think the only way to interpret this language consistent restore her sick time sentence to her seniority april one nine hundred ninety eight sentence three for service time is the same and continuous service time in seniority aren't always the same they usually are they aren't always this made sure they work all the arguments that good that plaintiff's counsel set forth in their brief and in their argument were dressed in my  carefully car palak about what the rules of the game are upon her reinstatement to the city the agreement contains one para one section dealing with financial compensation and then seven or eight pages dealing with with the terms of a coming back and it's pretty clear if you read all of that the whole idea was to put her in the same position she would have been in had this not happened in the first place and in order to do that