maternity leave and vacation

Good Day,

I am a citizen of US and work for a non-profit organization. I am 7.5 months pregnant and I was informed today that my last day of work will be december 2, 2005 and that my position is eliminated due to the decrease in organization's federal and state funding. I had accrued vacation of 10 days which the organization informed me that they will not pay. I was also planning to take my maternity leave for which the organization has a written policy that I am entitled for 15 days of fully paid maternity leave. I was informed that I will not be paid for this either. I cannot get a job now since i'll be giving birth in about 40 days. I have worked for this non-profit organization for over 3 years as an accountant. Can I sue for my vacation and maternity leave pay, as the organization has a written policy for both?
Please get back to me as soon as you can. I appreciate your promptness.

Thank you,

1 answer  |  asked Nov 25, 2005 10:56 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
Leave Due

Generally speaking, vacation leave is earned leave. As such, it can't be taken away from you if you are terminated. If you have unpaid vacation leave due to you at termination, the employer has to pay it to you. Simply because your employer is a non-profit orgamization makes no difference.

The maternity leave issue is a lot more complicated. It would largely depend on what the written policy says, and on what has been the employer's past practice with repect to maternity leave. It is possible that the maternity leave might be considered to be a "plan" under ERISA, which you provide you with certain rights with respect to maternity leave.

posted by David M. Lira  |  Nov 29, 2005 1:46 PM [EST]

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