Skip to main content

Does time on approved leave of absent (LOA) count for year in service for the purpose of pension benefit?

Long Beach, CA |

I worked for a company under Union contract started in 2000 as a part time and became full time in 2004. in 2006 I was injured at work and was on LOA until now. I only have health benefit from the union until 2007. what benefits am I entitle to? under Union contract I should have pension benefit . but Union said I was no longer in their system because my LOA was expired in 2007. My employer said during LOA they don't pay anything. Is this true? what is my legal/benefit right? Doesn't time on approved LOA count for year in service for the purpose of pension benefit? Thank you very much for your time. do I need an attorney? what an attorney can do for me?

+ Read More

Attorney answers 2


It depends on what the plan rules include for leave of absence. You should take a look at the pension plan's summary plan description (SPD) and see what it says about LOA. There may be more specific rules in the plan's formal plan document but the SPD is a good place to start. I am not sure I fully understand the transition that occurred in 2007 but it may be the case that you did not accrue service after that time. It wouldn't hurt to review your situation with a local employee benefits lawyer.


It depends on the terms of the pension plan, so someone will have to read the Summary Plan Description (SPD) or the full plan to know for sure. That said, I cannot imagine any plan awarding service credits for six+ years on a LOA. The most I have ever seen is one year, and that is increasingly rare. Most plans require an employer to contribute toward the employee's pension based on hours worked. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer