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Section 71 termination vs voluntary resignation

Central Square, NY |

Can anyone tell me the difference between a section 71 termination vs a voluntary resignation. Termination has such a negative connotation but I'm not sure if there are any benefits to this type of termination since I am an injured worker and am approaching my year out of work. In addition, if I take the termination will it affect me when looking for a job since I have been "fired" from a previous employer?

Attorney Answers 3


  1. I never recommend that anyone resign. You never know what rights you are giving up. For example, if you recuperate within one year of termination, you can request to return to work. You need to speak to your union before deciding what you should do.


  2. Resignation will likely impair your ability to receive unemployment benefits, but this may not impact you if you are out on disability or workers' compensation.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. A CSL § 71 provides the occupationally disabled employee is entitled to a cumulative leave of absence of at least one year, and the employer may extend a Section 71 leave beyond a year, but is not required to do so, and you should consult a labor law attorney before you decide to do so.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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