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I began working for a law firm in Toronto beginning of Nov 2015 and made my 3 month probation beginning of Feb 2016. I was hospitalized end of Feb 2016 for 2 weeks and was diagnosed with MS. I’ve been on LTD since (I’m only getting 60% of my wages and am struggling financially). My old position is no longer available. If I hand in my resignation, do they have to pay me for the past 9 years of accrued vacation pay (I started with 4 weeks vacation, and after 5 years I believe I would have gotten another week of paid vacation time)?
I am very sorry to hear about your situation. Unfortunately, you only accumulate vacation time, not vacation pay, when off on a medical leave. This is because vacation pay is calculated as a percentage of actual earnings, and since you have no earnings during this period you would not accumulate or earn vacation pay.