Q & A Session – Annual Leave as Lump Sum

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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:

After an involuntary separation, I wanted to use annual leave for my last five weeks after my last day on the job. However, I wanted my annual leave spread out, rather than in a lump sum to preserve my health benefits for as long as possible and extend my service for retirement purposes. Is there a rule that says you have to have a lump sum or can I have it spread out over weeks?

A:

You can take annual leave for your last five weeks, if the leave is approved. If the leave is not approved, you are stuck with the lump sum payment.

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

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