Job hunting while on maternity leave. Is it ok?

southerngirlgetsfit

I am 22 weeks pregnant and have been at my current job since June. I don't mind it but the pay is terrible. I only took the job because I had been job searching for a few months and desperately wanted to get out of the house. I planned to keep job searching, but DH and I found out we were expecting in August. I didn't want to look for or start a new job pregnant, so I just stuck it out. I have very limited vacation or sick days till I'd be with this company for 3 years, so all of my time off would be taken for maternity leave in May. If I would take the full 6 weeks, one would go unpaid due to my lack of days. 

Since I have no days off to go on interviews, I was planning on job searching around the time I'm due and going on interviews during my maternity leave. I planned on informing my current employer immediately if I got a new job, but my question is...is this legal? My sister in law told me I have to return to my current job after maternity leave, even if it's just for a week. Is this true? Could I somehow be in trouble or sued for not returning? I understand how much this would put my employer out, especially since they'd be paying me while I'm on maternity leave and not filling the position for all that time, but I'm not sure what my other options are. I wouldn't mind continuing to stick it out till summer-ish but my husband is almost sure he will get demoted right before baby is due as his company is downsizing. The extra income would be necessary if I could get it. 

sarawifenow

I think a lot of it depends on how your employer does time off. For example, mine allows you take all vacation days up front, but they are technically accrued throughout the year. In other words, if I use all of them and then quit before Dec 31st, I have to pay back any days that would not have been accrued.

TXmamatobe

As far as I know, you have no legal obligation to return to a job after maternity leave, for any length of time if at all. The only exception would be if you have signed some sort of employment contract (where applicable) that would have different and specific terms discussed. Also, some companies require repayment of PTO or STD that was paid out while on leave if you do not return. Check your policy handbook to be sure.

I say if you want to look for a better job than go for it but be sure that's what you want. Keep in mind that when starting a new job you most likely won't have time off immediately and there are times when baby gets sick, has appointments, etc. Some people at your current job might think it's a little shady but most people might consider the same thing if it was better for their family. Above all else, in my opinion, do not let your current employer find out you are looking for employment until you have secured a job offer. Even posting your resume online can get back to your employer rather easily and makes for an awkward situation, if not termination.

southerngirlgetsfit

@sarawifenow That's how my job does it as well. I feel like if I find something that pays well enough, paying the days I took won't be an issue. I have a college degree that has potential for high pay, and my job now is basically minimum wage. So if I would be lucky enough to find something, I think it would be ok if I had to pay them back!

Merciel

Check your written policy, but if you don't have a written-and-signed contractual obligation, I think you're in the clear. Morally I don't think you owe your employer anything beyond whatever you agreed to in a contract (would they have any hesitations about cutting you off if that was better for their bottom line?).

My feeling is that if they really wanted to keep you, they'd pay you a living wage. Since apparently they don't -- you've said the pay is terrible -- then go forth and do what's best for you.

gingerbride26

@southerngirlgetsfit I know it's been a few months since you posted - but my 2 cents is to check your state laws and corporate policy.  Some things vary state to state - for example, CT and FL are "at will" states where neither the company nor the employee has an obligation to give notice.  That being said - if you don't want to burn bridges (depending on what you do) it is professional courtesy to give 2 weeks notice to allow the company to find a replacement - that's a little grey here since technically they have to replace you already while you are out.  I would personally finish your leave and go back to tie up loose ends before going to another job to A) guarantee you get the leave owed to you minimize burned bridges/hurt feelings.  As @sarawifenow pointed out, double check how you earn PTO - if you get a lump at the beginning of the year to use over the year, there may be a repayment policy that will be deducted from your last paycheck; but if you acrue time as you go you should be entitled to use all of that prior to giving notice.

Anyone else job hunting?  I plan on brushing off my resume and sending out some feelers - I love my boss but hate the corporate company I work for and on top of that DH was offered a great opportunity in another state so I'm going to apply for some jobs near there to help make our decision easier.

proudparent2b

@gingerbride26 I've been thinking about looking elsewhere... I love my manager, benefits, and the flexibility of my company's culture. However, it's just about impossible to move up internally. For example, last year, I moved into a more challenging role with a higher title, however the department wasn't ranked as high pay wise, so it got treated as a horizontal move with no pay raise. A few months later, the company restructed the titles to go from two levels to three and my title was down graded. I was NOT happy.

I'm planning to apply internally again in the fall/winter for better opportunities, but if nothing comes through, I may have to move on.

gingerbride26

@proudparent2b it's so hard when you love your manager.  My boss is why I've stayed for 4 years despite pay freezes year over year, "managed vacation", and other screwing-over from corporate.  He's been good to me and will support me and give me flexibility during PP, but this is a really good opportunity for DH and although my boss said we'd "work it out" and I could try doing my job remote, you can only be so effective as a manager 1300 miles away....although these days half my team is remote anyway.

RMLandy

I planned to be job hunting during maternity leave. However, I started maybe a little too soon, and was able to find a new job that wanted to hire me just 6 weeks before my due date, and offered me paid maternity leave. Had that not happened, I'd be hunting and there's nothing wrong with that unless your contract states otherwise!