Wilmer, AL asked in Employment Law for Alabama

Q: Can my employer really punish me for calling in during a notice in this type of instance?

I have worked for a hospital for 4 years. All that is legally required from my employer for a notice of leave is a 2 week notice. However, because my job might be hard to replace due to the pandemic, I decided to be nice and give them a 2 month notice. A week after turning in this said notice, I became ill with kidney stones and missed about a week's worth of work due to this. My job is refusing to allow me to use my sick time for this and am told I have to work the days I missed passed my original final date. Can they actually do this since all I'm required to give is a two weeks notice and NOT a two month notice?

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1 Lawyer Answer

A: Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time stated in your contract will govern this situation. So, if you have a contract that states you need to give two weeks' notice, that is all you need to give and you are not required to work beyond the date you originally gave your employer.

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