The Illinois Supreme Court held that:
1 Accrued vacation and sick days are not marital property. They are not subject to distribution in a dissolution of marriage action. But
2 It is marital property if a party has actually received payment for vacation and/or sick days. If they are accrued during marriage before a divorce is granted.
The Appellate Court and the Trial Court had held the same.
The trial court had given all of the value for these days to the husband. The vacation days were valued at $12,225.40, and the 69 remaining sick days were valued at $9,585.48, for a total of $21,819.88.
The wife had argued that the accrued vacation and sick days, in this case, were marital property. Husband had the right to use those days. The days had value. This was shown by the fact that the trial court was able to put a value on those days.
The courts disagreed with the wife’s arguments. The value of accrued vacation and sick days is speculative and uncertain. Until a party actually collects compensation for those days. At retirement or termination of his employment.
A party cannot receive cash for those days prior to retirement or termination. It is possible that in some cases an employer might change its policy concerning the right to receive compensation for accrued sick days. It could limit or eliminate that right entirely.
Similarly, an employer might change its policy concerning the right to receive compensation for accrued vacation days. Accordingly, we find that accrued vacation and sick days are not marital property subject to distribution in a dissolution of marriage action.
IRMO Abrell, 236 Ill.2d 249
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