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).


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