Is earned vacation paid to me if I choose not to return from FMLA leave?

AngelaG

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I am on FMLA due to child birth and have decided not to return to work. I have 3 weeks of vacation earned for 2009. Will my company have to pay me for my time if I don't go back to work. I was planning on giving 2 weeks notice prior to the end of my leave. Any answers will be greatly appreciated.
 
You could just go ahead and put in your notice. They will have to pay your for the vacation time you earned on your final paycheck. You may not have accrued any vacation time during you FMLA leave, they are allowed to not do that.
 
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