If I’m allowed 8 weeks of sick leave to care for my wife after her C-section by the federal agency I work for but I obtain employment during those 8 weeks, do I have to withdraw my sick leave request?

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If I’m allowed 8 weeks of sick leave to care for my wife after her C-section by the federal agency I work for but I obtain employment during those 8 weeks, do I have to withdraw my sick leave request?

Or can I continue using it and give a 2 weeks notice while still on sick leave?

Asked on September 7, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Nothing prevents you from doing what you suggest, but bear in mind that two weeks notice is a custom, not a law your employer could treat your notice as effectively immediately i.e. that you resigned as soon as you gave them notice and/or terminate you immediately unless you have a written employment contract whose terms prevent this or you are subject to civil service rules preventing it. So while you can try what you suggest, bear in mind that your employment may terminate earlier than you'd like, and that would be legal while, for example FMLA or internal sick leave policies prevent you from being terminated for using approved leave, they do not prevent termination for unrelated reasons--such as the employee stating that he intends to leave employment.


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