Legal Question in Medical Leave in Alabama
is it illegal to take maternity leave and then quit employment
my sister is employed by a state school(not a teacher)..she is planning to move to another part of the state soon and was going to take maternity leave(6 mo pregnant) and was going to resign after the baby was born, she was told by her boss that it was illegal to do that. if it is illegal, was is the length of time that she would have to return to work for, before resigning to be considered legal?
1 Answer from Attorneys
Re: is it illegal to take maternity leave and then quit employment
First, apologies for taking so long to get back to you.
Second, involuntary servitude was outlawed in 1865 (although I understand that Somalia still has problems). Your sister may resign, quit etc anytime she wants. She just won't get paid after that point.
It is possible though that what the administrator meant was that she would lose certain good benefits if she did it that way. Your system may offer paid FMLA, plus health insurance benefits, etc. It is best to go on FMLA for the full twelve weeks. However there may be a few other issues that need to be looked at before making a final decision.
Contact me via email and I may be able to give you or your sister better advice: [email protected]
Sterling L. DeRamus
Attorney at Law
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