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Question

In a new labor contract for 2009 the employer has bargained for and received a two year cap on vacation when you separate from employment. In this situation I will lose aproximately 100 hours ($3500.00)of earned vacation as I have been on disabilty leave since 10/21/09. I am unable to take this leave because I have been unable to return to work and will retire on March 31, 2009.

Submitted: 337 days and 15 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information

Tukwila, Washington

Already Tried:
Obviously I have been a long term employee retiring after 34 years of service. I am a LEOFF 1 firefighter and cannot work unless I am 100%. Another words, if I cannot return to work I cannot take the annual leave. In my situation as a LEOFF1 firefighter I do not accrue any more than 72 hours of sick leave. LEOFF 1 firefighters go on up to 6 months disability and retire or return to work. With this cap in the 2009 contract I stand to lose approximately $3500.00 before taxes. The majority of our bargaining unit is LEOFF 2 and can accrue 10 months of sick leave before retiring. My disability is job related and I am not covered by L&I.

Thanks!
Battalion Chief Ted Fehr

Posted by Len 337 days and 15 hours ago.

Info Request

Hi XXXXXXX. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more?

1. Could you tell me what union is involved?

2. What state are you in in?

3. I'm guessing that the old CBA called for payment of accrued vacation at termination, right? Or, was this a longstanding company policy?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Len

337 days and 15 hours ago.

Reply

I am employed in Washington State. The union is IAFF Local 2088. Previously there was a three year cap by City Policy. I work for the City of Tukwila, Washington.

 

 

Accepted Answer

This question has turned out to be a direct example of why attorneys can make a living. I found two important sites for you to review.

Attorney General Opinion

http://www.atg.wa.gov/opinion.aspx?section=archive&id=10908


Washington state labor department

http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/FinalPay/default.asp



The attorney general opinion finds that the state itself is not barred from paying accrued vacation, (it would be the same for the city by analogy). OTOH, Washington State does not have a law in place that requires the payment of accrued vacation, as you can see in the second link.

You situation is further complicated by the union CBA. That agreement is a contract for benefits. If the old agreement provided for accrued vacation, the city may well have to pay. Again, OTOH, if the union itself agreed to the cap and loss of accrued benefits, you will have a complaint against your union. You have to keep in mind that your membership gives them the authority to bargain on your behalf. So, recovery may be completely barred.

You definitely need to consult with a local labor lawyer. Given the number of persons affected, I don't think it would be difficult to get the attention of a good lawyer. After a thorough analysis, that lawyer will be in a position to provide a strategy.

I really hope this helps.

Please press accept and leave some feedback when you get a chance.

Len

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Expert: Len
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/20/2008

Lawyer

15 years experience in employment and criminal Law.

337 days and 13 hours ago.

Reply

Thanks, I was going to contact a labor law attorney. Ted

Posted by Len 337 days and 13 hours ago.

Answer

Good luck Ted and Take Care.

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