Notice of resignation before my maternity leave starts or send one while on leave?

kbequette08

I've looked this up on here but really want a recent opinion from you guys first.

I am supposed to write a general leave of absence letter to my director at work stating when I want to take leave and how long. I don't qualify for FMLA so this is going to all be unpaid. My husband and I are going to be moving out of state in mid July and I plan on starting my leave on June 1st if baby comes that day. What I want to know is, would it be better to inform them in this letter that I wont be returning after leave or should I just leave out that part and write them a resignation letter while I am on my leave notifying them that I wont be coming back? The only thing I'm worried about is losing any vacation time I have accrued along with sick if I inform them ahead of time versus later. I also have to pay my insurance premiums out of pocket during my leave and wasn't sure if I would have to pay those back if I don't return or not.

BabyboyS2016

My policy is always to be honest and upfront, avoiding the burning of the bridge, even if you are moving out of state. Your company should have policies on paying out sick time at termination and during sick leave. They may conflict and this is where you need to have the discussion. For example, my company uses your sick time to cover your leave, but at termination, no sick time is paid out. So there's a conflict. Your term date would then be the first date of your leave. If you aren't moving until after your six weeks (or whatever) are up, you could come back and turn in your notice then. This is sticky. 

kbequette08

I know. It'd be so much easier If I had qualified for FMLA but I don't

goldie987

It all depends on your company but just be careful.  I've heard (but don't have any experience with so don't quote me on it) that some companies will void any benefits they give for maternity leave if you don't come back afterwords.  Is there someone in HR that you can talk to and get in writing what they should owe you regardless of if you come back or not?  

kbequette08

Problem is since it's unpaid I'm pretty sure I wont be accruing any benefits while on leave.

BakerBird525

So you're planning to take an unpaid leave of absence and then resign? What are you at risk of losing if you just resign instead of taking the leave of absence? (Sorry if I'm misunderstanding)

I'm resigning before I leave and do not have any maternity leave. FMLA is unpaid so there was no point in me using that and THEN resigning (since all my benefits are under my husband now). I get paid out for an unused Annual Leave, but lose Sick Leave so I'm planning to use it before I go. I work for the gov so there was no harm in me telling them now that I'm resigning and I don't have to worry about backlash or anything. But it was beneficial for me to tell them now so they could post my job and get someone in before I leave so I can train them.

If you're comfortable with it, I would talk to someone about your intentions and what that would mean for any benefits you have. I would hope they wouldn't punish you or take away your benefits!

BabyboyS2016

FMLA is different than disability leave, so for childbirth, it's half and half - 6 weeks on leave and 6 weeks on FMLA. Do you qualify for disability? 

colesmom33

I work for a government agency and FMLA is unpaid.  But they do continue to pay their portion of the health insurance.  If you don't come back for at least 30 days, you are required to pay that back.

kbequette08

Well currently I am the only one working right now. My husband is still trying to find a job after being unemployed for a year and hopefully he'll find one soon. If he gets paid pretty good I could just resign but I still want the opportunity to use my vacation and leftover sick time if need be. It's all complicated

AmberLiz99

don't have much to add to what others have already said, just wanted to offer moral support. Figuring out work/leave was so hard after my first. Good luck! 

alitria

If you aren't accruing benefits and have unpaid leave only, I'd just ask about resigning and qualifying for COBRA.  That would allow you to keep your insurance for long enough to move (if you qualify) and solve the problem of resigning. 

purplefan1

I personally would be upfront and honest. So if you are planning on leaving June 1, let them know that will be the date you are terminating you employment with them. Many companies won't pay out sick leave, only vacation time, and some won't pay out vacation time if you don't give them at least 30 days notice. Perhaps start talking to HR or a supervisor now about what they would prefer.

goldie987

kbequette08 said:

Problem is since it's unpaid I'm pretty sure I wont be accruing any benefits while on leave.

If you don't get any benefit from taking leave, then I would just resign like @alitria said.  My comment about making sure that there was no restrictions on coming back for a certain amount of time was because I assumed that you got something of benefit from taking leave instead of resigning.

HBamama2B

If your only insurance is through you, which it seems the case, being proactive in resigning may remove access to that benefit. 

IMO - 'up front and honest' puts a moral value on a business decision and should be left out, even if we like the sentiment, and I do. HR didn't say 'By signing this offer letter, if at some point down the road you give birth, we will provide no FMLA, no maternity pay, and will require you to return after going without compensation or face recapture of health fees incurred' Bc up front didn't benefit them. 

Instead, you need to calculate cost and benefit. On unpaid approved leave you are not accruing more leave, but you may be entitled to pay current premiums for health insurance rather than cobra rates. As a pp noted, confirm with HR verbally and privately what the requirements are, if any, for returning that money if you resign prior to leave ending. This could be a significant savings for your family. You would also be able to use accruals (check wth your specific HR) during that time to have income. In addition, if the move to out of state doesn't go through for any unforeseen reason, you will have your job to fall back on. 

My suggestion is to submit a leave based on when you would be back if you would need to return, because it's entirely possible you may need to. Then 2-4weeks prior to your actual resignation date, whatever that may be, submit a formal, distinct letter of resignation with the reason (relocation to another state).

Having my employees go out on maternity leave is scary, because I don't know if they'll come back, regardless of what they say. It's a risk US companies take by not providing paid leave or flexible return options. It's not a 'bad employee' problem, it's a 'bad HR' problem. I know that our HR disincentivizes returning by not offering a fair parental package, but for my employee currently out, I hope the benefits and flexibility I've been able to scrounge up entice her back (remote work while her LO is in the Nicu, flexible hours part or full time, finally getting back paid vacation and sick leave). But if she (or you) don't come back, it's not Bc you are 'dishonest' in a negative moral sense, it's Bc the disincentives outweighed the benefits. 

zanaerob1

One HBamama2B said:

If your only insurance is through you, which it seems the case, being proactive in resigning may remove access to that benefit. 

IMO - 'up front and honest' puts a moral value on a business decision and should be left out, even if we like the sentiment, and I do. HR didn't say 'By signing this offer letter, if at some point down the road you give birth, we will provide no FMLA, no maternity pay, and will require you to return after going without compensation or face recapture of health fees incurred' Bc up front didn't benefit them. 

Instead, you need to calculate cost and benefit. On unpaid approved leave you are not accruing more leave, but you may be entitled to pay current premiums for health insurance rather than cobra rates. As a pp noted, confirm with HR verbally and privately what the requirements are, if any, for returning that money if you resign prior to leave ending. This could be a significant savings for your family. You would also be able to use accruals (check wth your specific HR) during that time to have income. In addition, if the move to out of state doesn't go through for any unforeseen reason, you will have your job to fall back on. 

My suggestion is to submit a leave based on when you would be back if you would need to return, because it's entirely possible you may need to. Then 2-4weeks prior to your actual resignation date, whatever that may be, submit a formal, distinct letter of resignation with the reason (relocation to another state).

Having my employees go out on maternity leave is scary, because I don't know if they'll come back, regardless of what they say. It's a risk US companies take by not providing paid leave or flexible return options. It's not a 'bad employee' problem, it's a 'bad HR' problem. I know that our HR disincentivizes returning by not offering a fair parental package, but for my employee currently out, I hope the benefits and flexibility I've been able to scrounge up entice her back (remote work while her LO is in the Nicu, flexible hours part or full time, finally getting back paid vacation and sick leave). But if she (or you) don't come back, it's not Bc you are 'dishonest' in a negative moral sense, it's Bc the disincentives outweighed the benefits. 

Yeah, I have a slight issue with framing it this way. Yes it shouldn't be a 'moral decision' as such. But there are two possible consequences of not being upfront, that should be considered.

1. I'm not in America, but assuming she plans to work again wouldn't OP be getting a reference from this company? They may not give a great reference if they think she's deliberately tried to keep it quiet that she's leaving. Letting someone know that you're moving states in 2-4 weeks? Most people aren't going to believe you didn't know that sooner. 

2. If companies feel that people are taking advantage re: maternity leave it contributes to a poor attitude in the workplace toward pregnant women, and provides ammunition to companies / bosses etc treating pregnant women poorly and discriminating because they can't rely on your word about whether you're coming back to work. The more people who go 'on maternity leave' deliberately with the intention of getting leave benefits and then not coming back, the harder it gets for everyone else. 

VikingGirl12

zanaerob1 said:

One HBamama2B said:

If your only insurance is through you, which it seems the case, being proactive in resigning may remove access to that benefit. 

IMO - 'up front and honest' puts a moral value on a business decision and should be left out, even if we like the sentiment, and I do. HR didn't say 'By signing this offer letter, if at some point down the road you give birth, we will provide no FMLA, no maternity pay, and will require you to return after going without compensation or face recapture of health fees incurred' Bc up front didn't benefit them. 

Instead, you need to calculate cost and benefit. On unpaid approved leave you are not accruing more leave, but you may be entitled to pay current premiums for health insurance rather than cobra rates. As a pp noted, confirm with HR verbally and privately what the requirements are, if any, for returning that money if you resign prior to leave ending. This could be a significant savings for your family. You would also be able to use accruals (check wth your specific HR) during that time to have income. In addition, if the move to out of state doesn't go through for any unforeseen reason, you will have your job to fall back on. 

My suggestion is to submit a leave based on when you would be back if you would need to return, because it's entirely possible you may need to. Then 2-4weeks prior to your actual resignation date, whatever that may be, submit a formal, distinct letter of resignation with the reason (relocation to another state).

Having my employees go out on maternity leave is scary, because I don't know if they'll come back, regardless of what they say. It's a risk US companies take by not providing paid leave or flexible return options. It's not a 'bad employee' problem, it's a 'bad HR' problem. I know that our HR disincentivizes returning by not offering a fair parental package, but for my employee currently out, I hope the benefits and flexibility I've been able to scrounge up entice her back (remote work while her LO is in the Nicu, flexible hours part or full time, finally getting back paid vacation and sick leave). But if she (or you) don't come back, it's not Bc you are 'dishonest' in a negative moral sense, it's Bc the disincentives outweighed the benefits. 

Yeah, I have a slight issue with framing it this way. Yes it shouldn't be a 'moral decision' as such. But there are two possible consequences of not being upfront, that should be considered.

1. I'm not in America, but assuming she plans to work again wouldn't OP be getting a reference from this company? They may not give a great reference if they think she's deliberately tried to keep it quiet that she's leaving. Letting someone know that you're moving states in 2-4 weeks? Most people aren't going to believe you didn't know that sooner. 

2. If companies feel that people are taking advantage re: maternity leave it contributes to a poor attitude in the workplace toward pregnant women, and provides ammunition to companies / bosses etc treating pregnant women poorly and discriminating because they can't rely on your word about whether you're coming back to work. The more people who go 'on maternity leave' deliberately with the intention of getting leave benefits and then not coming back, the harder it gets for everyone else. 

This! Are you planning to go back to work ever? Are you going to want to use them as a future job reference? Im always very careful about putting in as much effort as possible into the last day so that they'll want to give me a good reference.

It also bothers me when people take advantage of maternity leave. We don't have good benefits here in the US as far as maternity leave. Taking advantage isn't going to help the cause.

Bear14+

I understand there is cobra...but if she carries the family medical benefits through her employer, it must be a pretty difficult decision to try to figure out. Cobra can be very very expensive because most companies pick up a majority, if not all, of the tab of insurance. 

xc1148

1- when you mention "losing vacation/sick time"....do you mean you are afraid to lose having it paid out when you start your leave? or is your plan to use the vacation time when you start your leave?

2- on the premiums, every company is different, but i had to pay mine out of pocket (they were higher while i was on leave) and so it was considered "my" policy. no need to pay it back. Essentially my company treats you as if you've quit when you go on maternity leave (i get paid, but before I leave I get all my PTO cashed out, pay my health premiums directly etc.)

How big is your company/do you have an HR department? This is tricky and hopefully you get some answers. I'd only caution that since you're moving out of state, it will look very obvious at some point that you weren't coming back, so keep that in mind. I think you do what's best for you, but if you ever need references or want to work in the same industry that may hurt. Good luck with the job, move and baby!

purplefan1

Employers can't give negative references any more. They can only acknowledge the time frame a person was employed through them and whether or not they would be rehireable. 

You said you are moving out of state in July. So you have no plans on returning. See if you would have to pay insurance premiums back if you don't return, since you aren't returning. You might want to also look at the option of cobra or affordable care act as coverage. If you don't take time off before you have the baby (or quit before baby comes) you should have insurance coverage for the whole month of June, since your premiums come out of your paycheck and pay forward (pay check contributions for May pay for June coverage). Then you would need to be looking for other coverage after that runs out. 

MynaBird

June2016BabyW said:

Employers can't give negative references any more. They can only acknowledge the time frame a person was employed through them and whether or not they would be rehireable.

This is not true. Many employers decline to do more than confirm employment in order to avoid potential legal actions brought by former employees unhappy about poor references, but there is no law that I know of prohibiting an employer from speaking honestly about an employee's performance, positive or negative. That would include the conditions under which an employee left the company. 

kbequette08

I actually got it figured out now! Thanks though for the advice! We figured out what I am going to do

kbequette08

My HR is calculating what would have to be paid out of pocket while on leave which I forgot includes the dental insurance we have too. But we figured out what we're going to do

purplefan1

MynaBird said:

June2016BabyW said:

Employers can't give negative references any more. They can only acknowledge the time frame a person was employed through them and whether or not they would be rehireable.

This is not true. Many employers decline to do more than confirm employment in order to avoid potential legal actions brought by former employees unhappy about poor references, but there is no law that I know of prohibiting an employer from speaking honestly about an employee's performance, positive or negative. That would include the conditions under which an employee left the company. 

I agree they CAN give more information but the HR people I have worked with have started to go to just straight fact to prevent lawsuits for defamation suits. And since this is pregnancy related, this employer might try to avoid looking like they are giving a bad reference just out of spite because the worker was pregnant.

huskypuppy14

zanaerob1 said:

One HBamama2B said:

If your only insurance is through you, which it seems the case, being proactive in resigning may remove access to that benefit. 

IMO - 'up front and honest' puts a moral value on a business decision and should be left out, even if we like the sentiment, and I do. HR didn't say 'By signing this offer letter, if at some point down the road you give birth, we will provide no FMLA, no maternity pay, and will require you to return after going without compensation or face recapture of health fees incurred' Bc up front didn't benefit them. 

Instead, you need to calculate cost and benefit. On unpaid approved leave you are not accruing more leave, but you may be entitled to pay current premiums for health insurance rather than cobra rates. As a pp noted, confirm with HR verbally and privately what the requirements are, if any, for returning that money if you resign prior to leave ending. This could be a significant savings for your family. You would also be able to use accruals (check wth your specific HR) during that time to have income. In addition, if the move to out of state doesn't go through for any unforeseen reason, you will have your job to fall back on. 

My suggestion is to submit a leave based on when you would be back if you would need to return, because it's entirely possible you may need to. Then 2-4weeks prior to your actual resignation date, whatever that may be, submit a formal, distinct letter of resignation with the reason (relocation to another state).

Having my employees go out on maternity leave is scary, because I don't know if they'll come back, regardless of what they say. It's a risk US companies take by not providing paid leave or flexible return options. It's not a 'bad employee' problem, it's a 'bad HR' problem. I know that our HR disincentivizes returning by not offering a fair parental package, but for my employee currently out, I hope the benefits and flexibility I've been able to scrounge up entice her back (remote work while her LO is in the Nicu, flexible hours part or full time, finally getting back paid vacation and sick leave). But if she (or you) don't come back, it's not Bc you are 'dishonest' in a negative moral sense, it's Bc the disincentives outweighed the benefits. 

Yeah, I have a slight issue with framing it this way. Yes it shouldn't be a 'moral decision' as such. But there are two possible consequences of not being upfront, that should be considered.

1. I'm not in America, but assuming she plans to work again wouldn't OP be getting a reference from this company? They may not give a great reference if they think she's deliberately tried to keep it quiet that she's leaving. Letting someone know that you're moving states in 2-4 weeks? Most people aren't going to believe you didn't know that sooner. 

2. If companies feel that people are taking advantage re: maternity leave it contributes to a poor attitude in the workplace toward pregnant women, and provides ammunition to companies / bosses etc treating pregnant women poorly and discriminating because they can't rely on your word about whether you're coming back to work. The more people who go 'on maternity leave' deliberately with the intention of getting leave benefits and then not coming back, the harder it gets for everyone else. 

For your second point, it works both ways. If the employer doesn't want their employees to take advantage of what they can, than they should have clear leave policies that benefit parents and have an incentive to return. It's not like most people are trying to screw their employer, but everyone has to do what's best for their family. And just because "some people try to game the system" doesn't mean that employers can discriminate against all pregnant women/parents.

For the OP, since she is moving out of state anyway, than she should just use her vacation/sick time for the first part of her leave and then resign.

This is also a reason people should know the policies ahead of time before they get pregnant, so they are not surprised when they are 7 months pregnant and don't know their leave policies. (Just a general opinion, not related to the OP in anyway.)

jmohio

I agree with previous people, there is a lot to take into account. If you put in your resignation they can let you go on the spot, this means you will lose the benefits including insurance and paid time off. The insurance is big if you have already met the deductible, you might have to start that all over. And cobra is expensive as hell!!!! 

Also I agree know your companies policy on using PTO for maternity leave. Some companies say you have to return to work for x amount of time or have to pay back PTO.