Can the company I work for prorate my vacation?

UPDATED: Sep 30, 2022

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Can the company I work for prorate my vacation?

I was injured on the job on November 25, 2015 and did not return to work until May 30, 2016. I was covered under worker’s compensation. I am showing no off time for the remainder of the year. When I approached HR and payroll, they said that it would be prorated.
Is that allowable in Alabama when I was injured on the job? Shouldn’t I get my full time off?


Asked on June 7, 2016 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally, if you do not work but rather are out on FMLA leave, disability, worker's compensation, you do not earn or accrue vacation days for that time. Vacation is earned by actually working; not by non-work options that preserve your employment and/or pay you compensation. Therefore, while the employer would have been free to give you your full vacation if they chose, they do not have to. They only have to provide vacation days based on days actually worked. So proration is generally appropriate and legal.

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