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On FMLA, disability, and now laid off

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oldmuse

Guest
What is the name of your state? California

I've been on disability and the FMLA since early August, RTW date expected 1-1-03 following additional medical procedures that have not yet begun, but which the employer knew about. I'm not unhappy with the severance package, and there don't appear to be age discrimination issues, but I have a question on the vacation accrual.

When you're on disability, do such benefits as vacation accrual and sick leave disappear? I still had medical, dental, 401K matching, ADD, life insurance, etc.

There's nearly a ream of paper in this packet including waivers, policies, outlining terms, etc. Should I have an attorney review it in light, especially, of my disability status?

Thanks.
 


Beth3

Senior Member
Generally, an employer is not obligated to provide any benefits at all so whether vacation, sick leave and similar benefits continue to accrue when an employee is on medical leave or layoff is entirely a matter of company policy. I've seen companies do it both ways. Those that provide this usually put limits on it though.

As to whether you want an attorney to review all those documents, that's entirely up to you. I suggest you at least try to take a read through that stuff before going to the expense of an attorney. You can also contact the person who handles benefits at your former employer's and ask them to explain some of the particulars to you too.
 

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