Any HR or Legal gals that can help with a severance and FMLA question?

baymer2006

Just curious if there are any legal or hr minds that could help me out. I’ve been told my position is being eliminated next year (2015), due to an office closing. I have been given an estimated end date of 3/31/2015. The problem is we were about to start TTC, and my DS is going to be 2 in January, so I don’t want to wait too long (getting another job and waiting 3 months due to FMLA will put us into next Fall). If we time it right (and get very lucky), we could try for an April baby. My question is, if they move my end date later and I have the baby before my separation date, will I lose all of my severance? 

I am obviously going to ask HR before attempting to move ahead with this plan, I was just curious if anyone has had experience with this.

Maybride2

I would think that yes, you would lose any severance pay.

[Deleted User]

It could really depend on when your actual last day is.  We let employees who don't return to work finish all their maternity leave and make the separation date after ML.  That way they can maximize their benefits.  But this is at our discretion to do so.

I would ask your HR what their policy is.  It could really go either way depending.

welly01

This is definitely going to be a question that only your HR department can answer.  However, if you happen to be on maternity leave during your end date, you might be able to go in for like a week or two so that you're technically employed when the separation occurs.

It doesn't sound like you're delaying your plans, but just wanted to say that I'm in a sort of similar situation although they haven't really given us an end date.  We are currently TTC.  Don't plan your family around work.  Stuff will always come up that makes it better to wait to have a kid, you know?

And if you get REALLY lucky, you might be laid off right before your due date and might be able to take off a few extra weeks of ML while you search for a job.

Good luck with everything!

jf198400

I would think that if you are laid off while on FMLA leave then you are entitled to the same severance and job loss benefits as if you were currently working- that's the point of FMLA. I can't imagine it would be legal to deny you severance.

ss+el

jf198400 said:

I would think that if you are laid off while on FMLA leave then you are entitled to the same severance and job loss benefits as if you were currently working- that's the point of FMLA. I can't imagine it would be legal to deny you severance.

My thoughts too. I got severed in April and I know there was a separate blurb for people on leave, so I know my company had obviously planned for it.

anchalmasako

jf198400 said:

I would think that if you are laid off while on FMLA leave then you are entitled to the same severance and job loss benefits as if you were currently working- that's the point of FMLA. I can't imagine it would be legal to deny you severance.

I am in HR, and at our company, this would be applicable. You can't resign before your agreed on term date, but if you are still employed (whether on leave or actively working), you'd still get the severance. But definitely consult with your HR department and read your severance agreement carefully.

baymer2006

@welly336 I was thinking that we would go for it, and if they move my end date or I have the baby early (not likely after DS was 10 days late), I could just come in for the last day or two before the end date. My guess is they can't stop me from coming back if I have a doctors note saying I can return to work. 

I have sent a note to HR and will see what they say. I would hope that if they knew I was due in April they wouldn't purposely extend my end date, but you never know.

welly01

@010706, you can also consider that you won't immediately be successful in conceiving.  We conceived DS relatively fast but its taking longer on the 2nd one.  Since I'm planning on a lay off next year, we're just preparing as best we can financially to deal with it.