Rule 5.3 prescribes, generally, that the effective date of resignation for an employee who resigns while on leave without pay shall be backdated to the date of leave commencement.

However, our Law Bureau has determined, and the Counsel at the Office of the State Comptroller has concurred, that the effective date of separation under a Section 71 or a Section 73 termination is the actual date of separation, not the earlier date of leave commencement. Therefore, terminations should not be backdated in these cases.

[Note: It is also our counsel's opinion that when an employee resigns while on leave under FMLA that the date of resignation is the last date of coverage under FMLA, or the date of resignation, which ever is earlier.]

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