Can I take vacation time after I come back from disability leave? 07-07-2010

I was involved in a car accident where someone hit me from behind and was out on disability for 6 months, and I am now back to work at the same company I've been with for 10 years. I currently have 3 weeks of vacation accrued for 2009 and 1 week from 2008. When I was out on disability, I was not paid by my employer and did not use any vacation time. My question is... Can I use my vacation this year even if I was out for 6 months or do I lose the 3 weeks vacation time? Please advise.

Ann Kiernan replies:

I have good news for you: In your state, California, you cannot lose earned accrued vacation. You must be permitted to take the days, or you must be paid for them when you leave that company.

The better news? You have recovered from that serious accident. Enjoy your vacation!

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