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Vacation & sick leave earnings while on maternity leave.

patsypiepatsypie 5 Posts
in HR & Employment Law Vote Up0Vote Down
Our company has 19 employees and is located in Georgia.
My question is what are the laws regarding an employee who is on leave earning vacation and sick days.
The person in question has used all of their vacation and sick days and is now on leave without pay. Is she entitled to continue to receive accured vacation and sick days for this period.
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  • 5 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    If you're asking must she continue to accrue while out on leave, that depends entirely on your company policy. If your company were covered by FMLA, she could not be denied the privelege of accruing if others accrue while out. But your size doesn't invite that scenario. Our policies, and most, allow employees to accrue based on an anniversary date or calendar year and most don't penalize employees by not letting them accrue while they are absent. Otherwise all of us who go on vacation would be penalized. If she is out of leave and absent for an allowed extended period of time, you may want to tweak your policy to address that.
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  • lynn2008lynn2008 60 Posts
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    Employees covered by FMLA are not to be deprived of any "benefit" they would have if they had been working. If both vacation and sick leave are "earned" based on hours worked, perfect attendance or other performance driven requirement, then they will earn vacation and sick leave while off on FMLA, be it sick or familey leave.

    At least that is what our Federal Wage and Hour people tell us in Kentucky.
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  • Don DDon D 9,834 Posts
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    You're exactly right, Lynn; but, the post advised us that they don't have enough employees to subject them to FMLA requirements.
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  • CroutCrout 1,238 Posts
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    Our Union contract stipulates that Seniority, Vacation, Sick, and Personal Time will not accrue during an unpaid leave.
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  • njjelnjjel 1,235 Posts
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    In my view, if no company policy exists to the contrary and the ee has used up all of their accrued time, they do not continue to accrue time off. That is our policy here. However, if they have accrued time off and they are using that while out on a non FMLA leave, they still accrue time just as they would if they are on FMLA leave.
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