vacation denied until return to work one day

[cscrawley]

I have been on FMLA since the first of December 2013. My husband had open heart surgery. I was given all of my accrued sick pay but I have been told I was not entitled to my 18 days of vacation for 2014 until I came to work for 1 day. Is this true?

 

[army judge]

I have been on FMLA since the first of December 2013. My husband had open heart surgery. I was given all of my accrued sick pay but I have been told I was not entitled to my 18 days of vacation for 2014 until I came to work for 1 day. Is this true?

I don't think anyone here would have access to yoru company's vacation practices.

I suggest you clarify your understanding with HR or Benefits.

If you dislike their ruling, then you might discuss this matter with a local employee relations attorney.

 

[cbg]

If that is your company's policy for all leaves, then it's true.

The law neither requires nor prohibits this practice. The law only requires that FMLA be treated the same as all other leaves.

 

[ElleMD]

I've heard of this kind of policy, especially with employers who grant in a lump sum. They want to make sure the employee actually works some portion of the year before paying out a bunch of vacation only to have the employee quit once they get paid for all their days. I personally find it to be more or less worthless as a rule, but it is legal. You can ask if FMLA allows them to make an exception but the answer may be that it does not matter.