Legal Question in Medical Leave in Illinois
Resignation while under FMLA
If an emplpoyee who is on FMLA submits a resignation. Canthe date of termination be the date they notified us or do we have to honor a two week notice date that is indicated on the resignation letter?
Asked on 5/15/07, 1:19 pm
1 Answer from Attorneys
Regina Mullen
Legal Data Services, PLC
Re: Resignation while under FMLA
If the employee resigns, the date of resignation should control, EXCEPT that the employer may not be required to keep that employee on any longer than the date the resignation was received.
It's tricky, because submitting a resignation while on FMLA doesn't make any sense. Because the employer can then terminate the employee and not even be required to give them 2 weeks pay or unemployment, it just doesn't make sense.
Best bet: consult company counsel.
Answered on 5/24/07, 4:31 pm
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