I have an old co-worker who was on disability for two months due to surgery. She is now back to work, and was told by manager that she is not allowed to take any vacation that she has earned due to her time off on disability. What are the rules on this? I did not think this was the case.

Any info would be great so that I may pass this along to her.

Thanks,

By "old", I am assuming that you mean someone who is over the age of 40. (Persons under 40 are protected under federal law.) Also, if her surgery is for a condition that may be considered as a disability, she is similarly protected. California provides additional protections for such persons.

What is meant by protection? It means that she is not to be treated differently than others in a similar situation, such as a leave. So, if the employer does not count the time off toward vacation accrual for others on leave, she is not entitled to it either.

Many employers subtract time off without pay from accruals. So, it is not an unusual practice.

Please let me know if you have any other questions.