Did you know that employees that leave their job for personal reasons might not qualify for unemployment insurance benefits? If you plan to redeem your FMLA leave, you may wonder what would happen if you did not resume work. Let’s review the professional and legal repercussions of Quitting After Medical Leave. Make sure to consult New Jersey Employment Law Attorneys if you have any concerns about your employee rights under the FMLA and NJFLA.
Voluntary Quitting
Voluntarily quitting your job means doing so without a compelling cause connected to the job. Simply put, it is quitting your job for a personal reason that has nothing to do with your job, such as to go on vacation. You may not qualify for unemployment insurance benefits when you quit your job voluntarily. This is unless you can prove that you were exposed to dangerous, unhealthy, or unsafe working conditions. You may be eligible if you can show that you had no choice but to quit your job.
- Overall, the burden of proof lies with the employee. You need to prove that you quit your job for a good reason. In some cases, you may qualify if you quit for more hours or better pay.
Domestic Violence and Other Reasons
If you quit your job due to domestic violence or military-related reason, you may qualify for benefits. This applies to employees whose spouses are active military members transferred to another state or physically abusive, necessitating a move to another state.
In this case, a claims examiner will evaluate your case to determine the circumstances. You can then reinstate your eligibility by returning to work for at least eight weeks, earning ten times your weekly rate, and then getting unemployed through involuntary reasons.
Quitting After Maternity Leave
When an employee goes on maternity leave, their employer has no legal obligation to accommodate them by giving them a flexible schedule or offering them part-time work. Some states require employers to accommodate your physical limitations, but this obligation usually terminates when you give birth. Sometimes, it can extend to birth-related injuries.
That said, if your company accommodates other employees such as those going to school, it cannot discriminate against you since you are in a protected class. You will need to speak to an attorney about your legal rights regarding your job or benefits.
If You Quit After Maternity Leave
If you decide to quit your job during or after your maternity leave, you should know that it is within your rights to do so unless you have a contract keeping you at the company. Quitting your job, then, will carry the following legal repercussions:
- You will not qualify for unemployment benefits.
- You might be required to repay your employer’s health insurance benefits if they continue making payments on your behalf during your FMLA leave.
Talk to a New Jersey Employment Law Attorney
Quitting After Medical Leave involves several legal issues that determine whether you qualify for unemployment benefits or owe your employer health insurance payments. If you consider leaving your job after your FMLA leave, you should consult the New Jersey Employment Law Attorneys at the Law Offices of Usmaan Sleemi about your options. Contact us today at (973) 453-4060 to get started.
