Charlotte, NC asked in Employment Law and Employment Discrimination for North Carolina

Q: I did FMLA leave 12wks I asked for more time was told no and if I don’t return it’s voluntary resigning, is this legal?

I’m a single mom of two children out of school. Once my FMLA is over I asked for more time off unpaid. I do not want to resign but my job said if I don’t report on Monday it’ll be considered a voluntary resignation. Can they force me to resign. What should I say to them if forcing me to resign is illegal?

1 Lawyer Answer
Kirk Angel
Kirk Angel
  • Employment Law Lawyer
  • Concord, NC
  • Licensed in North Carolina

A: FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can fire you or argue that failing to return to work is a resignation i.e. job abandonment.

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