4.34.100 - Accrual rate—Temporary employees acquiring permanent status
A. Settlement agreement. This Section 4.34.100 implements the Settlement Agreement dated June 5, 1989, in the case of Scannell v. The City of Seattle, King County Superior Court Cause No. 844600, and should be interpreted and applied accordingly.
B. Transition from temporary to permanent status. For temporary employees who acquire permanent employee status the vacation accrual rate will be determined as follows:
1. Those becoming permanent employees before January 1, 1982. The vacation accrual rate for former temporary employees who became permanent employees before January 1, 1982, is based on calendar years of service until January 1, 1982 (effective date of 1982 amended vacation ordinance). Temporary employees who became permanent employees retained their vacation accrual rate earned in temporary service and continued to earn credit toward higher vacation accrual rates based on years of service until January 1, 1982. After January 1, 1982, they are entitled to receive subsequent increases in accrual rates based on cumulative hours worked from date of hire, as provided in Chapter 4.34.
2. Those becoming permanent January 1, 1982 and August 1, 1984. The vacation accrual rate for former temporary employees who became permanent employees between January 1, 1982, and August 1, 1984 (the effective date of the 1984 amended vacation ordinance), is based on calendar years of service until the date they became permanent. After the date they became permanent, they retained their accrual rates earned in temporary service and are entitled to receive subsequent increases in accrual rates based on cumulative hours worked from date of hire, as provided in Chapter 4.34.
3. Those becoming permanent on or after August 1, 1984. Temporary employees who did not become permanent employees before August 1, 1984 accrued credit toward higher vacation accrual rates based on calendar years of service until August 1, 1984. On August 1, 1984, and thereafter, temporary employees and former temporary employees who became permanent employees after August 1, 1984, retain their vacation accrual rates earned in temporary service. After August 1, 1984, they are entitled to receive subsequent increases in accrual rates based on cumulative hours worked from date of hire, as provided in Chapter 4.34.
C. Accrual rate. Employees within subsection 4.34.100.B retain any accrual rate attained based on calendar years of service and there will be no reduction in their accrual rate as a result of this transition from calculating vacation accrual based on calendar years to accrual based on cumulative hours worked. Cumulative hours worked for accrual purposes will be based on total hours from last hire date, times a multiplier of 1.135 to account for paid leave that the employee did not receive and paid leave for which premium pay may be substituted.
D. Transitional adjustment. Temporary employees and permanent employees who were formerly temporaries whose vacation premium pay or vacation credits were calculated without including the employees' previous temporary service, or were not increased in accordance with the vacation accrual rates specified herein, shall receive additional vacation pay or vacation credits based on the accrual rates set forth in subsection 4.34.100.B. The City shall receive credit for the actual amount of vacation premium pay or vacation previously received by the employee.
E. Break in service. The accrual rate increases in this Section 4.34.100 are based on employment with the City without a voluntary break in service. For vacation accrual purposes, "voluntary break in service" must be greater than 30 days and is defined as a quit, resignation, service retirement, separation of temporary employee as shown in the employee's record, or failure to return from unpaid leave of absence. If an employee has not worked for at least one calendar year, a voluntary break in service is presumed.
(Ord. 124567, § 67, 2014; Ord. 117301, § 3, 1994.)