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Paid Bereavement Leave rescinded after resignation?

#16
Dig more carefully ....my read of MD issues is that a benefit is a wage as defined ..and is not subject to bring changed backwards, only if one pay period in advance
...read the definition of wage. At least as posted, you were granted benefit of paid leave well in advance w/o any other attached conditions....if you file suit for unpaid wage and prevail, you are entitled to 3x recovery plus attorney fees....but literature suggests you can only pick one road to pursue employer ....the attorney fee may be biggest part of issue ....at least double check ....there is no rush to pick
From Maryland DLLR website under "What is a wage"

"Fringe Benefit. This could be many things, but often involves some accrued or accumulated compensation such as vacation ("annual") leave, sick leave, or other promised benefit. "

https://www.dllr.state.md.us/labor/wagepay/wpwhatiswage.shtml

If anything, paid bereavement may be able to be classified as a "promised benefit". Then the question would be could the employer rescind it without notification after I resigned. I still believe the claim may be the best route, as it is free. But are you saying If I file a claim and it is unsuccessful that I am disallowed from filing suit? Thanks again.
 


#17
HRZ makes a good point about MD laws; however, it's still going to boil down to 1) whether paid bereavement leave is actually considered wages* and 2.) whether or not there is a policy that no paid leave can be taken after termination.

*Even my state, which considers earned vacation time as wages, does not consider all forms of paid leave as wages, and I specifically include bereavement time in that.
Agreed. To your second point, do you mean after placing resignation? I understand paid leave cannot be taken after termination, but this was before my last day, and approved months prior.

A policy that prevents employees from taking paid leaves after they place their resignation would seem to encourage employees to not provide advanced notice of resignation if they were planning on taking any leave in that period. On the other hand, it may also deter employees from resigning soon after taking such leave, to ensure they are paid for it. Two sides to every coin.

I am glad the company I work for now places all policies and HR documents on the intranet site for any employee to read and understand.
 

cbg

I'm a Northern Girl
#18
You're right, I did mean after resignation. And you're also right that there are both pros and cons to the policy.

However, when you come right down to it, the purpose of giving notice is to provide a smooth transition of duties from one person to another, and to make sure that all duties are up to date. That can hardly be done if the outgoing employee is not there.