I'm leaving and not coming back-- how do I do this?

January 30, 2015 8:43 PM

I'm on FMLA leave for a health condition, and I am using accrued paid sick leave to pay my customary paycheck. I got a new job starting two days before my leave ends, and I can't come back. My health condition will not prevent me from working at the new job. I'd like to give as much notice as possible, but I want to protect myself from any recovery of benefits or major consequences.

Am I correct in my understanding of this that because I am using paid leave, I would not be subject to the company billing me for their share of my health benefits?

How much notice should I give? New job starts 2/17, old job's leave ends 2/19. I am OK burning a bridge and giving no notice if that's the best way to protect myself. I can afford two weeks of not being paid, but I would rather be paid for the time that I'm out.

Do I:

1) Give two weeks' notice?
2) Give no notice until they call me right before the end of leave to ask if I'm coming back?
3) Tell them I'm unavailable for anything but weekends, work a weekend, and then give notice and work two weekends?
4) Something else?

I'm in California. I also have vacation time that would cover my last two weeks, and my boss has offered to let me use it if I got a new job in the past, but I don't know if the company would let him. What do I do?

posted by anonymous to Work & Money (3 answers total)

They'll likely make you use the vacation time, too, before FMLA. They can do that.

I say you tell them on 2/16 that you won't be able to come back and are resigning effective immediately. They'll assume it's a health thing and move on.
posted by inturnaround at 8:48 PM on January 30, 2015 [1 favorite]

I'm in California. I also have vacation time that would cover my last two weeks, and my boss has offered to let me use it if I got a new job in the past, but I don't know if the company would let him

California law obliges the employer to pay you for accrued vacation days when you leave a job for any reason whatsoever, so not sure how generous an offer this is.
posted by drjimmy11 at 9:18 PM on January 30, 2015 [5 favorites]

When you've used up your leave, call your employer and let them know that you won't be returning and resign. They should send you the remainder of your vacation time.
posted by Ruthless Bunny at 6:05 AM on January 31, 2015 [1 favorite]