off the job injury & vacation

pecohr

We have an ee who has been off the job due to an off the job injury for almost 12 months. Our CBA states exceeding 12 months for aforementioned reason mean loss of seniority and termination of employment. It is now one week prior to the 12 months and this ee has request vacation. I'm sure her thoughts are that being paid her vacation pay will restart the clock.

What are your thoughts and experience with this one?

p.s. not and ADA issue and FMLA has been exhausted.

ritaanz

If this employee has been out on disability for 12 months, how does she have vacation coming? Here our employees accrue vacation time each month they work and the time spent under FMLA.

pecohr

She had a couple days unused vacation on the books.

ritaanz

What does your company do when you terminate an employee with earned, but not taken vacation? If it is your policy to pay them their vacation you should do so in this case. I would terminate her per company policy and prepare the check.