I left my work after maternity and then sick leave, am i entitled to my annual leave i accrued?
by maternity support
caw1980 asked: I went from maternity leave striaght to sick leave and then handed my notice. Am i entitled to my annual leave which i had accrued during the time off? My employer has said no, but i am just looking to double check.
Tagged as:
Maternity Leave,
Sick Leave,
Time Off
{ 5 comments… read them below or add one }
When you severe your employment you give up everything. You needed to get anything owed if owed before you quit!
Legally, whilst you are on maternity leave, you accrue annual leave and yes you should be entitled to be paid out for this. (However, it might only be for the first six months – not sure about this one.)
Whilst you are on long-term sick leave you do not accrue annual leave and therefore are not entitled to further payments.
Now, the only problem you have is that some employers have a “use it or lose it” policy when it comes to annual leave, meaning that you can’t carry over days from one leave year to the next. This is perfectly legal, and I’m wondering if something like that could apply in your case – you must have been away from work for a very long time so it will depend on how long you’ve been away and what dates, and also when your annual leave year begins.
Depends entirely on Company Policy. There may be some state laws, but no federal laws regards accuring benefits.
The answer is it depends on what country/province/state you live in.
* If you have earned benefits, like PTO/vacation/sick leave, and your job is not part of a contract, your earned benefits are typically considered payable. Fringe benefits like insurance are not.
Some other factors to consider are:
Was your sick leave part of a whole PTO bank, and did you use that up before resigning?
* If you accrue PTO/vacation/sick time, you typically stop accruing once you go on maternity or sick leave. Are you calculating that into what you believe you are owed? If so, you may have less, or nothing owed to you than you believe.
* Does your company policy have anything in it that states that PTO/vacation/sick leave is not paid upon departure, but forfeited?
When you are out on any kind of leave whether it be medical or personal you are not accruing vacation time. You accrue when you work hours and since you are on leave you are not accruing any hours.