Vacation vs Disability

[Outlook123]

I had surgery on Nov 26th 2001, when the original paperwork was sent to the company it said I would be out 6-8 weeks. I have now been off work 5 weeks and learned I will be off two more weeks. The company I work for is telling me that I will now loose my vacation time since the New Year is starting. Is this lawful?
I am receiving short term disability and am willing to take the time with out pay, I just don't want to loose my vacation time due to future vacation plans made prior to the surgery. This was not a work injury.
Outlook123

 

[cbg]

My understanding is that in Illinois, time already accrued cannot be lost. However, it will depend upon how your company accrues time. I don't believe they can be forced to let you accrue time while you are out, although I could be mistaken about that.

 

[Outlook123]

I have 3 weeks vacation yearly, starting on the 1st of the year.
example: Had I not been on leave, and wanted to take three weeks from Jan 1st to the 21st I could have done it with a 4 week notice

 

[cbg]

Keeping in mind that I do not now, nor have I ever had, employees in Illinois, I believe that what they are doing is illegal under state law. For a definitive answer, contact the Illinois DOL.