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FMLA/accrual of benefits upon return

We have an employee who was on FMLA and now on a an unpaid leave of absence. She will be returning to work in August. Our vacation days are awarded each January and she will have 2 weeks coming to her this year. Are those days prorated from Aug-Dec or does she get the whole 2 weeks? We do not have anything in our handbook stating this, but looking for clarification.

Normally, time on FMLA does not count towards accrual of vacation time (and other paid time off) regardless of the employers system of accrual.


In your case, presumably vacation time was awarded on January 1, 2009 based on the time the employee worked in 2008. On January 1, 2010, the employee would receive only the vacation time that she would have earned in 5 months of work (August to December) in 2009.


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This entry was posted on Wednesday, May 13th, 2009 at 7:15 am and is filed under
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