I went out on STD for 3 months due to a torn rotator cuff that I became aware of while working. I didn't blame the company because in all honestly I don't know when the injury happened. Employer was okay with this and stated that my job will still be available. I have been out for 2 months and I am to report to work next week. This past Monday my employer called and said that the temp worker they hired while I was out will keep my job and for me not to come back. The employee manual states that when medical leave ends ,the employee will be reinstated to the same position, if it is available or to an equivalent position.

I went back to the doctor today and he informed me that my shoulder wasn't strong enough to go back to work so he is keeping me out of work for another 4 weeks. I called my (old job ) and asked them to send me my vacation pay since they let me go. I was told by them that it 's at their discretion if they want to pay me my earned vacation pay. I earned those vacation hours. Can they legally withhold my vacation pay? And since I'm still on disability what happens with my insurance? Only thing I received from my employer was a separation notice.

Optional Information:
State/Country of Question: Georgia

Already Tried:
Just ben online seeking legal advise. My employer hasn't even sent me anything regarding COBRA Insurance , and when they said it was at their discretion if I get my vacation pay that really made me want to seek a lawyer.