Ask The Lawyer

By Debra Roth

Q & A Session – Earning Annual Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I have a serious medical condition, and, because of this, I have had to use all available sick leave, advanced sick leave (currently being paid back each pay period), and my annual leave as I earn it. During the last pay period, I took 8 hours annual along with FMLA leave as I have been doing for several months; however, I received notice that I did not have annual leave to cover the 8 hours and it was converted to leave without pay. Can they do that if I earn 8 hours per pay period?

A:

If you did not have annual leave, your agency has the discretion to advance it but it does not have to. If you receive 8 hours of annual leave per pay period, you will have leave accrued for future medical absences.

 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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