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

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.

Posted  07-07-2010

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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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.