How Long After FMLA Can You Quit (And why)?

Exact Answer: Immediately

Today the most developed nations have realized the potential of their human resources, since humans are capable are transforming anything into what they desire using technology and minds.

Developed countries like the USA have started emphasizing the labor laws and giving them more benefits one of them being the FMLA Act, 1993 or the family and medical leave act of 1993.

This provision passed by the government is applicable to all the working departments of the county whether private or the public that allows a 12-week paid leave for any medical reasons or maternity a paternity leaf. The act provides all the benefits like job protection, salary, and other medical and insurance benefits.

How Long After FMLA Can You Quit?

Since human labor is the most potential labor that can be educated or non-educated, skilled, semi-skilled, or learning every type of labor is required for the overall benefits and the developments of the country. And many countries have started giving out surplus perks and benefits to the laborers.

The labor laws are not applicable in the government office but in all the offices and institutes that come under the geographical boundary of that country, even if an MNC sets in a country it has to follow the rules and laws of the respective country.

Family and medical leave were designed in such a way that people can take a leave for a serious cause with overall job security. Only people who are suffering from a medical condition, are going to be mother/father, have a close relative ill, for adoption or foster care. These people are eligible for leave with all benefits for a period not exceeding 12 weeks.

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But due to some causes a person may decide to quit or resign if the problem persists while they are on FMLA leave, it can be because of a change of place, new job offers, and threatening medical conditions, or a break from the working world.

Moreover, on average more than thousands of employees in the USA apply for FMLA leave, and this causes a serious threat to the company growth since they have to pay for their medical insurance and perks including a full-time salary without getting any work done. This causes a loss of millions of dollars every year in the USA alone to companies.

FactorsTime Before Leaving
No formalitiesImmediately
Notice Period1 Month
Formalities4 to 6 Months

Why Does it Take so Long to Quit after FMLA?

Many people decide to leave the company just after the leave or during the leave. That can be because of many reasons like other job offers, break from working world or in extreme cases taking care of the family.

But there are many factors that may affect the time before leaving the company- notice period and existing formalities.

A notice period is a time where the person has to work a few times for the organization after submitting the resignation letter, it is an important time as the person has to work or salary and other remanence packages may not be delivered.

So, if the person has to serve any notice period after the resignation, then the time may increase before the person can leave the organization, but many companies after the FMLA leave do not require the employee to come back and derive time for the company.

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Henceforth of the employee doesn’t have to work on a notice period them they are eligible to leave the organization.

Formalities can also play a role before the person leaves the company, formality may be in open and pending projects, salary or claim on insurance, labor claims, and many more these formalities have to be closed and completed before a person is eligible to leave the organization.

If there is a lot of undone work then the person may have to work after the FMLA for a long time before officially resigning and leaving the company. But if there are no underlying formalities then the person can leave the company or organization immediately.

Conclusion

FMLA act was passed in favor of the laborers that allowed them a maximum of 12 weeks holiday for medical purposes with all the benefits such as paid leaves, job security, health insurance, and other perks.

But due to some reasons, a person may feel to quit the job at the time of the leave and the person can quit immediately by either handing over the resignation letter or placing a call without a notice period.

But there are many factors that may affect the resignation being that the person needs to serve a notice period- a time in which a person has to serve for a month between the actual time of handing the letter till the end time.

References

  1. https://www.sciencedirect.com/science/article/pii/S0049089X05000037

2. https://link.springer.com/content/pdf/10.1007/s10690-006-9030-9.pdf

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