Legal Question in Employment Law in Virginia
Benefits for Rehires
I am employer who has recently rehired an employee. He left with notice on good terms and was gone for 3 months. Am I required to reinstate his benefits as if he never left? Specifically any accrued but unused vacation from his previous employement with us? Our policy manual states we will pay out 1/2 of unused vacation upon termination, which we did, but does not mention what happens to the other 1/2 should the employee be rehired within any specific timeframe.
2 Answers from Attorneys
Re: Benefits for Rehires
Unless your employee was rehired under a contract requiring such reinstatement of any benefits accrued by this employee from a prior period of employment, the answer is no, you do not. (Your policy handbook or manual, even if it addressed this particular issue, would be unlikely to be found to constitute such a contract.)
Re: Benefits for Rehires
Unless your employee was rehired under a contract requiring such reinstatement of any benefits accrued by this employee from a prior period of employment, the answer is no, you do not. (Your policy handbook or manual, even if it addressed this particular issue, would be unlikely to be found to constitute such a contract.)
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