Legal Question in Employment Law in California

accrued vacation and disability

I was on state disability for about a year and I do not qualify for FLMA (length of service). My employer has held open my position for me. When the doctor released me to return to work, my employer refused the release saying he wanted more information on the form by Aug 29. My doctor went on vacation and did not add anything more to the release, only signed ready for work Aug 4th. Time has elapsed and my employer told me I had voluntarily resigned. My question is, since I had the expectation of returning to work (I also carried health insurance for 9 months) am I entitled to accrued vacation pay?


Asked on 9/01/03, 8:28 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: accrued vacation and disability

You are entitled to any vacation that accrued prior to your disability leave. Generally you will not accrue vacation pay while on leave. If you are owed vacation pay the employer must pay you in full at the time of termination. Failure to pay can result in the imposition of penalties of up to 30 days pay. A complaint to the labor commissioner will be your best approach for such a claim.

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Answered on 9/02/03, 6:35 pm


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