3rd Trimester

XP: FMLA question..

DH and I are looking at taking a huge leap of faith and me not coming back to work after my 12 week FMLA leave. I will only have 5 weeks paid and three of those are because our company provides 3 weeks maternity leave paid.If I choose not to come back, will I have to pay the company back for that leave time the company gives? What are my options? I feel like I can't ask my HR department at work because it would look shady and lead him to believe I'm not coming back and I don't want anyone to know that. 
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Re: XP: FMLA question..

  • I asked my HR rep the same question because I'm not sure what I am going to do.  FMLA and STD are two different things. FMLA just protects your job for 12 weeks, it has nothing to do with pay.  STD is a benefit that your company can provide and I was told you do not pay it back if you decide not to come back.  I'm not sure if all companies/states are the same, but this is the information I was given.

  • It depends on your company.  Some will require you to come back for X amount of weeks afterwards or you will have to pay the premiums back.  When I submit my FMLA paperwork, I will receive a form back stating whether it has been approved or declined, and there is a box to check stating whether I will or will not have to pay back premiums.  Unfortunately, you're just going to have to ask your HR.
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  • it will depend on your company. 

    But, professionally speaking, you should give them the standard 2 week notice. It's unprofessional to not, and could very well affect future employment if you don't give notice and burn bridges.  

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  • image MrsGo4Hockeychick:

    it will depend on your company. 

    But, professionally speaking, you should give them the standard 2 week notice. It's unprofessional to not, and could very well affect future employment if you don't give notice and burn bridges.  

    I'm due in October and my leave would be until the first week of January. If I chose not to come back, my employer would receive more than a months notice (meaning I would tell them in late November/early December) so they would have more than enough time to figure out how to fill my position. 

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  • Yes, some companies will retroactively record your last day of employment as the last day you worked before your maternity leave, and you can be held responsible for paying them back everything that they paid out while you were on leave (any benefits, co-pays or regular pay). 

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

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  • my employer require you pay it back if you do not come back to work as your last day of employment is the first day of your mat leave.  There were a couple girls that came back 1 or 2 days then left just so they didn't have to re-pay... shady
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  • image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

  • There is no law about what happens to any benefits recevied during leave if you don't return.  But - perhaps this is outlined in your company handbook, or in the FMLA paperwork you receive.  Otherwise, you just have to ask to find out.

    I'm in Hr.  And I'm pregnant.  And I don't find it shady at all.  Some people, pregnant or no, can return from FMLA, some don't.  That's how things go!

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  • image 5953fpp:
    image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

    It IS true, no matter how you paint it. Of course you're allowed to quit a job, but let's not pretend that the people left holding the bag won't become biased after they see it happen enough.
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  • image Maybride2:
    image 5953fpp:
    image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

    It IS true, no matter how you paint it. Of course you're allowed to quit a job, but let's not pretend that the people left holding the bag won't become biased after they see it happen enough.

     

    If it was the norm, companies would go out of their way to protect themselves.  Companies hire very smart, experienced attorneys to draft their policies.  Most companies understand that life gets in the way sometimes, things happen, and people don't come back to work after maternity leave, sick leave, etc.  If you don't think companies are already protecting themselves, you're not thinking big picture. 

    I would hope most people would resign in a professional manner and give the employer as much notice as possible.  As far as co-workers, I've been stuck with work that wasn't mine when people quit on a normal basis. I know two weeks is the normal time period to provide notice, but it takes a lot longer to find a replacement in my line of work.  Sometimes it can take up to two-three months. 

    It's life - things happen and people quit for many, many reasons.  I wouldn't hold it against a woman for quiting after she has a baby.  If you know from day one that you aren't coming back and take all the benefits, that's a little unethical, but that person has to live with her decisions.  Sometimes you just don't know.

  • image Maybride2:
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    image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

    It IS true, no matter how you paint it. Of course you're allowed to quit a job, but let's not pretend that the people left holding the bag won't become biased after they see it happen enough.

    People who hold that kind of bias will have bias against women ANYWAY.

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  • image Maybride2:
    image 5953fpp:
    image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

    It IS true, no matter how you paint it. Of course you're allowed to quit a job, but let's not pretend that the people left holding the bag won't become biased after they see it happen enough.

    I know of at least three women who worked in my company's HR dept give notice while on maternity leave.

  • image 5953fpp:
    image Maybride2:
    image 5953fpp:
    image Maybride2:

    And then your company may feel leery of women of childbearing age, and not want to hire them in the future for fear of being f'ed over.  Which of course you won't care about, but will matter to other women who are trying to find a job.

    This just isn't true!  A first time mom has no idea how she will feel or react about going back to work once the baby is here.  We can't predict the future and you are allowed to quit a job!  I totally agree everyone should give at least two weeks notice, if not more.  My HR rep was more than understanding when I asked the question and said she gets the same questions for first time moms all the time.  No one is being F'ed over, especially at big corporations. 

    It IS true, no matter how you paint it. Of course you're allowed to quit a job, but let's not pretend that the people left holding the bag won't become biased after they see it happen enough.

     

    If it was the norm, companies would go out of their way to protect themselves.  Companies hire very smart, experienced attorneys to draft their policies.  Most companies understand that life gets in the way sometimes, things happen, and people don't come back to work after maternity leave, sick leave, etc.  If you don't think companies are already protecting themselves, you're not thinking big picture. 

    I would hope most people would resign in a professional manner and give the employer as much notice as possible.  As far as co-workers, I've been stuck with work that wasn't mine when people quit on a normal basis. I know two weeks is the normal time period to provide notice, but it takes a lot longer to find a replacement in my line of work.  Sometimes it can take up to two-three months. 

    It's life - things happen and people quit for many, many reasons.  I wouldn't hold it against a woman for quiting after she has a baby.  If you know from day one that you aren't coming back and take all the benefits, that's a little unethical, but that person has to live with her decisions.  Sometimes you just don't know.

    What fairy tale land do you live in?

    Telling them you are going to come back and then not is not only insanely unethcial, but it absolutely does make them leery in the future. My company is supportive of families, and my boss knows that DS comes before work any day of the week. I never feared my job was in jeopardy.

    But I could tell my boss was worried when I told her I was pregnant. A few months before another had a baby and had told her she was taking 12 weeks off. She did not come back. She did not give notice. Had we known when she left that she wasn't returning, they would have come up with a concrete plan right away and had the other girl train her replacement. Instead 3 of us fumbled with her duties for 3 months only to find out that she wasn't coming back and then had to try to figure out how we were going to go forward long term.

    The fact that you would even think HR would find it shady means that it is. Quit being a shitbag and setting back all women because you want to cheat the system. Horrible example you are setting for your child.

     

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  • image 5953fpp:

    If it was the norm, companies would go out of their way to protect themselves.  Companies hire very smart, experienced attorneys to draft their policies.  Most companies understand that life gets in the way sometimes, things happen, and people don't come back to work after maternity leave, sick leave, etc.  If you don't think companies are already protecting themselves, you're not thinking big picture. 

    Uh, have you looked around lately?

    Of course companies go out of their way to protect themselves.  That's why you have to be employed somewhere for at least a year before you're eligible for FMLA.  It's why paid maternity leave - outside of whatever short term disability will cover - is extremely rare now.  It's why many companies have stipulations that you have to return to work for X amount of time after your leave or else you will be liable for all expenses they paid on your behalf while you were out.  Yes, companies have gotten smart and are doing more to protect themselves; you get burned enough, you find ways to make it harder to get burned in the future.

    And I call major BS on the whole "some women just don't know".  Bullshitt.  Maybe there are a few women who honestly intend to return to work after leave but have something happen that changes their mind, but the majority of women are like the OP - they really have no intention of ever coming back after leave, but since they want to try and scam as many benefits as they can they play it like they are coming back. 

    And you must be naive or in serious denial if you don't think that women doing that affects how all women are viewed professionally.  Let's not forget that women are still paid less than men in most all careers.  Women still face discrimination in the workforce.  And it's not just because companies don't like women, it's because so many of us prove to be unreliable and flaky. 

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  • image jpsquared:

    I know of at least three women who worked in my company's HR dept give notice while on maternity leave.

    And your point is?  I don't think I ever said that women in HR were more ethical than women who worked elsewhere. 

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  • I think every company has their own policy, at our company, they can ask for you to reimburse them for the insurance premiums, etc. if you don't come back to work.  With my first child, we had planned on me coming back for 6 weeks after my maternity leave so that we wouldn't have to reimburse them... then I ended up staying, but you might want to look into going back for a few weeks, just to cover your behind. :)  GL
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