AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Vacation Pay
A public employer
possesses managerial power to require peace officers to use excess deferred
vacation time to avoid a year-end cash payouts. Assn. for L.A. Deputy Sheriffs
v. Co. of L.A., #B188886, 154 Cal.App.4th 1536, 65 Cal.Rptr.3d 665, 2007
Cal. App. Lexis 1517 (2d Dist.).
Arbitrator rules
that a city violated the bargaining agreement, which set a maximum on amount
of annual leave that employees could accrue, by refusing to compensate
a firefighter on his retirement, where he was unable to take planned leave
due to an injury. City of Tulsa and IAFF L-176, FMCS Case #01/04286, 116
LA (BNA) 1192 (Jennings, 2001). [N/R]
California appeals court holds that
when public employees sell back unused vacation time, the city also must
pay add-on incentive and differential increments. National City POA v.
City of National City, #D035158, 87 Cal.App.4th 1274, 2001 Cal. App. Lexis
225, 105 Cal.Rptr.2d 237, 167 L.R.R.M. (BNA) 2628 (2001). [2001 FP 174]
Absent limiting language in a bargaining
agreement, unused vacation time "sold" back to the city should
include incentive and differential pay. National City Police Officers'
Assn. v. City of National City, #D035158, 87 Cal. App.4th 1274, 105 Cal.Rptr.2d
237, 2001 Cal. App. Lexis 225 (4th Dist. 2001). [2001 FP 61]
Twelve versus eight hour shifts: Arbitrator
holds that security guards who work 8-hour days and those who work 12-hours
days are entitled to the same amount of annual vacation, since both work
patterns are premised on working an average of 40 hours in a 7-day period
and are entitled to total of 40 hours at the base, straight-time wage rate,
and are entitled to one week of 7 days vacation. Wackenhut Corp. and United
Security Services, FMCS Case #00/09997, 114 LA (BNA) 1588 (Daly, 2000).
{N/R}
Louisiana appellate court holds that a firefighter's
vacation day runs from midnight to midnight during which he would normally
be expected to work. Kenner Fire Fighters Assn. v. City of Kenner, 742
So.2d 989, 1999 La. App. Lexis 2413. {N/R}
City violated a state law that entitled firefighters
to 18 days of annual vacation when it awarded firefighters who work 24-hour
shifts only six full work days of vacation per year, despite city's contention
that because term "day" is average eight-hour work day. IAFF
L-1427 v. City of Kenner, 742 So.2d 989, 1999 La. App. Lexis 2413, 5 WH
Cases2d 1628 (La. App.). {N/R}
Arbitrator allows officers on leave for duty-related
injuries to earn vacation time credits and holiday premium pay. Trumbull
Co. Sheriff’s Dept. and Ohio PBA, 105 LA (BNA) 545 (Nelson, 1995). [1996
FP 46]
Deprivation of one’s vacation pay by a superior's
“misapplication” of city leave policies did not rise to the level of a
federal civil rights violation. Saffold v. City of Chicago, 775 F.Supp.
1126 (N.D.Ill. 1991). [1992 FP 174]
Unless law or contract is otherwise, "vacation"
time is deferred earnings, and can be carried over to future years. City
of Hammond v. Conley, 498 N.E.2d 48, 1986 Ind. App. Lexis 3017. {In a subsequent
case, the Indiana supreme court clarified the meaning of a state law that
provides for liquidated damages and attorneys' fees; see Osler Institute
v. Inglert, 569 N.E.2d 636, 1991 Ind. Lexis 55, 30 WH Cases (BNA) 439 (Ind.
1991).}
Employees on disability leave do not earn
vacation pay. Plattsburgh PBA v. City of Plattsburgh, 474 N.Y.S.2d (A.D.
1984).
Employee who resigns without notice not entitled
to accrued vacation pay. Lowrey v. State of New York, 426 N.Y.S.2d 156
(A.D. 1980).
Attendance at state firemen's association.
Borough of Glassboro v. P.B.A. L-178, 373 A.2d 698, 149 N.J. Super. 254
(1977).
Arbitrator rules that firefighters may disregard
manning requirement when seeking personal leave time. City of River Rouge
and River Rouge Firefighters Assn., L-527 IAFF, AAA Case #75-39-0713-75
(Gorty, 1975).
Sick leave excluded. Phaneuf v. City of Plattsburgh,
376 N.Y.S.2d 781, 84 Misc. 2d 70.
Sick leave - preventing use of. City of Syracuse
and Syracuse Fire Fighters Assn., Local 280 (Rill, 1975).