I am currently on leave from my job due to a serious illness

56 Comments

1. AnonymousSeptember 2,2024 at 1:47AM UTC

   You won't get unemployment if you quit, as you are not considered, "able and available' for work. As you quit your position due to your poor health.

   Let them fire you. Go back for a week or so,

2. AnonymousSeptember 2,2024 at 1:48AM UTC

   I'm sorry to hear about this and hope the FMLA time is helping with your recovery and future health plans.

   Read your Contract, HR documentation (handbook/policies/ benefits), etc. For all the rules too.

   Not sure if you already used all your PTO yet.

   HR represents the company. Always check the facts.

   If you quit, it's possible you may not eligible for unemployment or potential extension of benefits, etc. Check the rules in your state. Seek advice from an employment lawyer. Contact your state bar association for recommendations (some offer free consultations- at least to let you know if there is a claim or what your options are).

   When you're ready, look for a new job as well. Whatever is best for your health at this time.

   Good luck.

3. Tara Richardson ReynoldsSeptember 2,2024 at 1:57PM UTC

   Thanks for your input! And yes, i have used up my pto.

4. AnonymousSeptember 2,2024 at 4:19AM UTC

   Make then terminate you. It brings all sorts of risk to them. If you resign you are basically letting your employer off the hook.

5. Karen MullinSeptember 2,2024 at 11:48AM UTC

   That is so illegal and exactly what FMLA was supposed to protect against. Make them fire you, and then sue them. They are breaking the law and will owe you compensation. Be sure to have the HR rep email you the details of their instruction to resign, if possible.

6. Tara Richardson ReynoldsSeptember 2,2024 at 12:15PM UTC

   Whoops-should say Connecticut!

7. AnonymousSeptember 2,2024 at 1:34PM UTC

   I would be consulting with an employment attorney in your area. They will be able to best guide you through what is legal/not legal. Many will do a short phone review for minimal to zero dollars, otherwise, if you are in financial hardships, check with your state or local government agencies to see if there are pro-bono services available. You can always check with the reference librarian at your local library as well, they can be a great resource.

8. AnonymousSeptember 2,2024 at 2:46PM UTC

   Contact the Connecticut Labor Board (or the state Department of Labor) to see your rights and unemployment eligibility before you do anything. If you have the request in writing or an email from HR, tell or show them that. Find out what extensions to FMLA exist in your state, as there is only so long a company is required to hold a position. If they fire you, you will be eligible for COBRA, Medicaid, or the state healthcare marketplace insurance, providing continuity of your insurance. Before electing COBRA, however, check out the other two first, as COBRA is, in my experience, a prohibitively expensive option.
   Since this has been a continuous issue for over a year, you may also want to contact Social Security to see if you are eligible for disability benefits. A social worker at your doctor's office/clinic may provide you with valuable information and act as an advocate. If you qualify for SSD, you also qualify for Medicare. SSD rules on eligibility have changed drastically over the past few years, so only go on with the most current information.

9. Sonya PrutchSeptember 2,2024 at 2:48PM UTC

   Do not resign! You can collect unemployment if you are terminated. Can you file for state disability? which is job protected.

10. AnonymousSeptember 2,2024 at 2:49PM UTC

    Whatever you end up doing, the very first thing you need to do is respond to the HR rep via email saying something to the effect of "As per our last conversation when you told me to resign once the FMLA job protection was used up...." and then repeat whatever else you spoke with them about - just to get a record of the advice given to you. Next, go to an attorney or whoever you need to talk to about this, with that email you sent on record. Also, be prepared for the HR rep to deny telling you to resign. Good luck.

11. Cindy GloverSeptember 2,2024 at 9:38PM UTC

    Great advice

12. Moe HawkSeptember 3,2024 at 11:31AM UTC

    Don't resign, apply for a different job in the organization before the period is up.

13. GirlBossanova934974September 3,2024 at 12:47PM UTC

    This one is simple. DO NOT resign. If you resign, you give up rights to file an unemployment claim. Second, you should be contacting your state labor office ASAP and begin filing a disability claim. These things don't get done overnight so best to start ASAP. Of course if you have disability insurance from your employer or yourself,, you should start the claim filing process. THE GOOD NEWS is that state disability usually pays more than unemployment benefits.

14. Pamela RosenSeptember 3,2024 at 12:56PM UTC

    100% make them fire you. Document everything. Save every email, every thing. Start looking for a lawyer NOW. Have all your ducks in a row.

    Don’t be surprised if they make your life very unpleasant—but don’t internalize anything. Bear in mind that this job is already gone, it’s not your fault, and you can sue. They will probably try to say that you abandoned your job or that your issue affected your performance. They may even put you on an PIP and keep moving the goalposts. Don’t even try. They’re just trying to document that your firing was “performance related “ so you can’t sue. That’s why it’s so important to document this. And yes, get the “you should resign “ in writing.

15. Sylvia Hollingworth ReichleSeptember 3,2024 at 1:04PM UTC

    I’m an HR Director with extensive leave administration experience. Absolutely do not resign. They are legally obligated to offer you ADA leave as accommodation to extend your job protection after FMLA ends. But be prepared to give them an estimated return to work date. They cannot fire you without first doing that. Your HR rep needs to escalate your case and offer you an extension. They should know better.

16. CMTSeptember 3,2024 at 1:31PM UTC

    Great advice!

17. WandaSeptember 4,2024 at 12:58PM UTC

    Very well written!

18. AnonymousSeptember 3,2024 at 1:16PM UTC

    That's some shady advice from your HR rep. Check with ur local Labor board or workforce office to confirm for your state but that doesn't sound right at all!

19. AnonymousSeptember 3,2024 at 1:46PM UTC

    ummm that is horrible. And do NOT quit. I just went through my own 12 weeks of paid FMLA and then the option is to return to work or take longer FMLA at no pay. I don't know how many more weeks that is for your state but you can find out.

20. M Elizabeth IngramSeptember 3,2024 at 2:44PM UTC

    Your employer may be obligated to accommodate your further time off under the ADA (The Americans with Disabilities Act | ADA.gov). But don't resign!

    www.ada.gov

21. AnonymousSeptember 3,2024 at 7:19PM UTC

    I was going to give the same advice, you can and you should instead apply for an ADA accommodation that can be used after your FMLA leave.

22. AnonymousSeptember 3,2024 at 4:40PM UTC

    Do not resign. You should be sure to consult an attorney that specializes in your type of situation. You do have protections under the law but need true advisement. Good luck.

23. Caitlan CableSeptember 4,2024 at 12:42PM UTC

    There is no job protection after FMLA exhausts

24. maria roseSeptember 3,2024 at 9:40PM UTC

    You need to review Connecticut labor laws for exactly how FLMA is supposed to be handed--forms needed, how much of the leave is classified as medical leave versus leave of absence. etc. It does appear from the OP Tara of this post's description that the job ( employer) gives their employees PTO time of 12 weeks but this OP Tara needs more time. Not knowing how long the OP Tara has been employed and the specifics of Connecticut's policy on FLMA, there's a disagreement in the interpretation of how it applies to this OP Tara's needs. I get that this leave was taken because of a physical issue that required surgery which will also require recuperation and easing back to normal activity. The OP Tara wants to ensure that their job with the company will stay available and they will not be terminated for using FLMA. Again consulting with a lawyer who specializes in labor laws specific to that geographic location might be a good way to clarify what rights and how much time is applicable as FLMA versus medical leave and PTO. Since we don't know how long the OP Tara has been out for the FLMA when they found out that they now need surgery since they only mention the 12 weeks covered ( 12 weeks equals 3 months or 90 days whichever way it is applied). There are several issues here--1. how long will the leave be extended because of the surgery? and 2. How much of that time is paid by the employer as covered Paid time and 3. How much of that time converts to state-covered FLMA, and 4. What does the Connecticut Labor law cover for holding the employer to keep the employee ( keep a position) on the active payroll when on a FLMA, and lastly 5? How much of this FLMA is paid by the employer and does the state of Connecticut offer paid benefits stipends at any point? Employers usually do not have to offer paid time for FLMA beyond a certain amount, so this should be clarified.

25. Pea WriteSeptember 4,2024 at 5:20AM UTC

    Wait, let them fire you. And FMLA ensures job protection that replenishes yearly if you’re a full

    time employee.

    These companies are so funny with leave sometimes. I’m surprised an HR rep would advise you to quit. That’s not normal. Cause if you quit, you’re not eligible for unemployment.

26. AnonymousSeptember 4,2024 at 12:40PM UTC

    It's in the company's best interest for you to quit so you cannot collect unemployment.

27. WandaSeptember 4,2024 at 12:54PM UTC

    I agree! I thought it very odd that an HR representative would even advise someone to resign from a position. You're right...it's not normal.

28. Tiana MumfordSeptember 4,2024 at 12:12PM UTC

    Good day

    I would weigh my options that happened to me before . I was not warned about it. My position was termed I should have filed unemployment I just found another job and recovered it was after I had my last baby, Do what your heart and family friend support group suggests.

29. AnonymousSeptember 4,2024 at 12:51PM UTC

    Just curious, why is the subject of resignation even being brought up? You're facing a medical issue. I would think that this alone would prompt the company to not want to rush you out of the door, especially if you've done nothing to warrant you being terminated, other than becoming ill. In any case, however, don't resign. If anything, let them terminate you. In that case, you will be able to collect unemployment.

30. AnonymousSeptember 4,2024 at 1:06PM UTC

    Isn't FMLA yearly or am I old fashioned? And if you can work from home or only a certain amount of time, you can use FMLA to your advantage that way as well. Either way, I'd look for another job after the FMLA ran out. You kinda have the upper hand, use it to your power and advantage.

31. Gracie MayeSeptember 4,2024 at 1:07PM UTC

    If you have short and/or long term disability benefits through the job, use them. Have your doctors help you. It sounds like you need to file for SSDI. Find a social security disability lawyer. Do not voluntarily quit without accessing your STD / LTD benefits or if your work benefits include AFLAC etc. If you voluntary quit you're not eligible for the STD / LTD through work, unemployment or COBRA and it will make getting SSDI a lot harder or impossible.

    Stand your ground on this. Do NOT quit.

32. MichelleWSeptember 4,2024 at 4:26PM UTC

    Just going to note, if you do end up qualifying for ssdi, it takes a lot of time to get through. Certain medical issues are listed as "automatic" approval. MS is one of those listed and I have it. It still took 2 years to get it approved and decisions of denial has to be appealed. This is pretty standard. I only bring it up because I don't want anyone thinking that it will be a quick life savor. It is a life savor, but not a quick one.

    I have to strongly agree with everyone here- look into short and long term disability benefits you might have. I didn't know i had them, and they were the life savor and MUCH faster to tend effect.

    I wouldn't trust too much that come out of the hr rep you were telling to as they are obviously only looking out for the employer. (Can't blame them too much as they are the ones paying their salary.) If there is more than one hr rep for your company, find someone else to talk to. Also, if the company is big enough, they might have someone who is specificly designated to rep the employees. If you guys know of a manager who is sympathetic to your situation, tell them what the hr person is telling you and ask if they can recommend someone in hr to you.

33. Monica KubesaSeptember 4,2024 at 1:14PM UTC

    Can you reapply for FMLA using the surgery as a me reason? If not, STD OR Long term disability would be the best option.

34. Melissa Boillot, SHRM - SCPSeptember 4,2024 at 1:20PM UTC

    Depending on the nature of your illness, you may qualify for additional leave under the ADA. Permanent and temporary disabilities can qualify for accommodations. Request ADA paperwork and ask for an accommodation for additional leave time for surgery and recovery. That is most likely reasonable, unless your company can claim undue hardship (which is pretty difficult to argue for additional leave, especially once).

35. Julie WozniakSeptember 4,2024 at 1:22PM UTC

    You should not resign!!! Do you have short and /or long term disability insurance? If so, use that. Your job/position will not be protected after the FMLA is exhausted, but STD then LTD protects your income.

36. AnonymousSeptember 4,2024 at 1:37PM UTC

    Do not resign! If you resign you will not collect an unemployment check. Remember your HR department representative receieves thier check from the company you work for! They should place you on leave without pay after your 12 weeks are completed. this does not ensure your position will be held while you are out of office. You should be receiving, I anticipate disability benefits.

37. LorraineSeptember 4,2024 at 2:06PM UTC

    I agree with the above post. Do not resign or quit if you want to collect unemployment then your employer has to let you go through no-fault of your own and that was poor advice that your HR representative gave you in regards to telling you to quit afterwards. Nope you don’t quit!!!

38. BarbaraSeptember 4,2024 at 2:22PM UTC

    Why aren’t you on disability?? Do not resign promise me!!! Noooo. And as another poster said document any discussions you have with your HR department.

39. AnonymousSeptember 4,2024 at 2:11PM UTC

    Record any and all communications with anyone with your employer from now on. Don't reveal it jsut keep them for future use as needed.

40. Valerie RiegerSeptember 4,2024 at 2:34PM UTC

    Do you have long term disability benefits? If so, look into applying for LTD benefits. I would also recommend requesting an unpaid leave of absence. Depending on the medical condition, you may also have some ADA protections.

    Shame on your HR rep for even suggesting, much less recommending, that you resign your position. As an HR professional, I find that action reprehensible.

41. Catherine WallaceSeptember 4,2024 at 2:42PM UTC

    No you should not resign

    cathy

    HR consultant.

42. AnonymousSeptember 4,2024 at 3:00PM UTC

    Ugh. This country and its lack of worker protections is gutting. I have a friend that lives in Austria and they value their populace. Very generous leave and maternity and paternity leave without the threat of losing your job---all mandated by the state. Here, we have to be subject to being fired after returning from a serious illness. Early in my career, I worked for the American Cancer Society. Was hired on a lease and when they bought out my lease, I was just under the one year required to qualify for FMLA when my father was in another state dying from cancer, no less. I was hounded almost daily when I rushed to his side to be with him for several weeks (six or so) to be with him and help settle his affairs and plan the funeral. When I got back to work I was reminded regularly that I owed them for holding my job---which I never asked them to do, because if I was choosing between a job that paid less than 30K or my father, it was an easy choice. I was also berated by a supervisor as to why I didn't seem to be focusing on my work right after my return. I quit that job with zero notice about two months later.

    Sorry you are going through this, but this is just another example of how we are woefully behind the rest of the developed world in protections.

43. AnonymousSeptember 8,2024 at 1:09PM UTC

    And ironically it was the American Cancer Society treating you like that! (Whilst your father dying from cancer). SMH

44. AnonymousSeptember 4,2024 at 3:02PM UTC

    DO NOT RESIGN.....DO NOT RESIGN. u won't get a penny of unemployment. Extend your medical leave as long as possible and if necessary, Ask your health care provider to also provide a letter of explanation... Your employer is trying to go cheap and also avoid possible legal action... By telling you to just resign. You should be protected during this time of catastrophe illness

45. AnonymousSeptember 4,2024 at 3:08PM UTC

    My husband is out on medical leave, but because someone messed up and put a return to work date before my husband has been medically cleared to return to work he's now at risk of losing his job, and he isn't getting his short-term disability payments either. His employer told him he has to return to work on September 6, 2024 or he'll be written up for "No Call/No Show" even though he isn't medically cleared to work, as he's been having serious heart symptoms and is currently waiting for additional testing to be completed and to see his cardiologist. Due to this additional stress, my husband is now having more frequent and worse chest pains then he was having before he was placed on leave by his medical team at the end of July.

    Worse yet due to my husband not being paid while on Short-term disability like he is supposed to be, we are now having to apply for welfare benefits (food stamps, etc.) as we now have $0 income and still have bills to pay. We even have paid leave in our state, however, he still hasn't been approved for it yet as it took us almost a month just to get medical certification from his medical provider! We are beyond not impressed with what my husband is experiencing with his employer.

46. Regina BrownSeptember 4,2024 at 9:16PM UTC

    Do you have long term disability? A

47. AnonymousSeptember 5,2024 at 12:57AM UTC

    One of my coworkers has been on leave for quite some time now. She told me HR tried to get her to resign, but she wouldn’t and she was able to continue getting benefits and pay. I’m not sure how it all worked, but my takeaway from her experience is HR was trying to talk her into something that would make it easier for them, but not for her.

48. Jen FrischenSeptember 8,2024 at 11:39AM UTC

    That's definitely the point of HR- to protect the business..it's NEVER to help the employee. HR is only damage control- to make sure the company is not doing anything to get in trouble. It's far less about H, but more about R.

    Don't resign.

49. Angela NortleySeptember 5,2024 at 7:30PM UTC

    check with your dept of labor. your state has specialized leave law surrounding 'your own serious illness' I would not resign.

50. Holly MaszaticsSeptember 6,2024 at 1:31PM UTC

    Do Not Resign!!! Does your company have short term or long term disability? Once you are no longer employed

    your Insurance will move to COBRA and the cost is 102% of the premium the employer pays. Expensive depending on the plan.

51. Stephanie F, MSHRMSeptember 7,2024 at 1:49AM UTC

    Do not resign. I am unsure of what your employer's FMLA and non-FMLA policies are, so you may want to seek legal counsel on this. However, being in higher education, we have both 12 weeks of FMLA and 12 weeks or more of non-FMLA, as long as they have medical documentation on file from your doctor. My understanding is that they cannot force you to return or resign. Research their written policies on FMLA/Leave of Absence (LOA).

52. AnonymousSeptember 7,2024 at 1:48PM UTC

    I'm not a decision maker or involved in leave policies, but I have seen Leave of Absence documents in the course of my job. I think one person took an emergency sabbatical (didn't see paperwork). Depending on your employer, a change of assignment placing your full time equivalent salary to 0.00FTE might apply too.

    Definitely recommend looking at leave of absence policies.

53. AnonymousSeptember 8,2024 at 2:08PM UTC

    Don’t resign! They shouldn’t be asking you to resign because you’ve taken advantage of FMLA—the job protection in the whole point. And if you resign they don’t have to pay you severance.

    Look into your full FMLA, short and long term disability benefits. And once you’re able to work you need to seek reasonable accommodations under the ADA. And if reasonable accommodations means you need to be able to work from home while you recover the company must assess if your job can reasonably be done remotely, and allow you to work. Sounds like they’re trying to force you out.
    And yes, you can still collect unemployment if you’re fired. Resigning isn’t in your best interest at all!

54. BriSeptember 8,2024 at 10:39PM UTC

    Typical HR butthead advice. Only If they fire you can you collect unemployment. By resigning, you give up that option. Businesses have to pay for unemployment tax which they get more dinged on when someone they fire collects. HR is only there to save the company money and not in your best interest EVER! Remember that. HR is NEVER really there for YOU unless you’re involved with something that could incriminate the company.

55. AnonymousSeptember 9,2024 at 3:14PM UTC

    Sadly, this is not an uncommon situation. Once FMLA is exhausted you unfortunately lose the protections afforded to you.

    * unemployment is likely not an option if you are not able to work.

    * You *may* be able to request an extension of leave as an ADA accommodation; however, that is not a guarantee.

    * Once your employment you will be offered COBRA.

    * You may want to consider having a conversation with your doctor and/or employer to see about returning to work in a reduced capacity or with accommodations. That may keep your benefits intact.

    I am not an attorney and please don't take my word for any of this. I strongly encourage you to speak with an attorney to get all your options lined out. Many if not most provide free consultations.

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