LOA & Vacation Payout-please help
I was hired at a company in MD approx. 4 months ago as the HR Director. An employee came to me for a second opinion about an incident that occured prior to my employment. She went out on a medical leave of absence in March prior to her one year anniversary in May. There was miscommunication and/or loss of documentation b/n the employee and the HR Director about her return date. The HR Director considered her a voluntary resignation in August (after her "one year anniversary"). According to company policy, if an employee is terminated (voluntarily or involuntarily) after their one year anniversary, they receive a payout of the vacation they have accrued. The employee did return to work but as a re-hire b/c of the miscommunication/whatever. She's not completely worried about being considered a re-hire (she was not reinstated), but she didn't receive a vacation payout when she was termed and she feels that she is entitled. I feel that she should have but I'm not exactly sure; she was employeed for a year even though she was on Medical Leave of Absence at her one year anniversary, she should have been payed out what she accrued up to that date the leave was effective. Should she or should she not have received a payout?