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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?

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Attorney answers 3


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.


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.

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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.

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