Is earned vacation paid to me if I choose not to return from FMLA leave?

I am on FMLA due to child birth and have decided not to return to work. I have 3 weeks of vacation earned for 2009. Will my company have to pay me for my time if I don't go back to work. I was planning on giving 2 weeks notice prior to the end of my leave. Any answers will be greatly appreciated.|||It depends on how it is accrued. You said you earned it for 2009. If your vacation time is renewed on a calendar year basis and it is available from January 1 of the new year even though you have not worked the year yet, it is probably accrued through the work year. In other words, if you are actively employed the Company allows you to take the time before you have earned it. However, if you terminate your employment you are only paid for what you have earned but not taken. In this case some employees may end up owing the Company if they have taken more time than they have earned. But if your vacation renews on the anniversary of your hire date each year and/or you were required to work a year before you were able to take the time, your vacation has already accrued and you should be paid out upon termination.|||You could just go ahead and put in your notice. They will have to pay your for the vacation time you earned on your final paycheck. You may not have accrued any vacation time during you FMLA leave, they are allowed to not do that.|||If you cant, some companies let you add the vacation into your leave. So you'd be getting paid those weeks, while on extended leave, so make out the same.|||By law they are suppose to pay you because that is an earned income.