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5.1 Resignation

Manual: Employment and Separation Procedures

Subsection: Separation Procedures

An Employer shall make every effort to obtain a signed resignation from each employee in a status position who voluntarily separates. Under certain circumstances, an Employer may not be able to obtain a signed resignation; in such cases, the Employer may submit an unsigned resignation for the employee, but the Employer shall clearly indicate the reasons and the circumstances which led to this action. Without a signed resignation, and in the absence of a formal discharge, the Employer is subject to possible claims by an employee that the separation was not voluntary. See Example 5.1a.

Every resigning employee shall be urged to indicate in the Resignation form the reason for leaving.

Each resignation must show three dates – the effective date of the resignation, the date it was signed by the employee, and the date it was accepted by the Employer. An Employer shall never have an undated resignation in its possession.

The date upon which a resignation shall be made effective is:

  • at the close of business on the last day on which physical services are provided, or
  • at the close of business on the last day of authorized or unauthorized absence, or
  • at the close of business on the day on which a leave of absence expires.

A resignation is not considered to be complete until it has been accepted by the Employer; therefore, every resignation shall contain a written notation of acceptance. The signature of the Employer shall be that of the person(s) indicated by the DER on the Assignment of Responsibility for Employment and Separation Procedures, "Processing resignation papers". An Employer cannot refuse to accept a resignation submitted by an employee. Enter the resignation and effective date on appropriate employment records.

Reference Civil Service Rule 250.110(a)
Issued 1/1/1999