Soooo.... There is this preggo at work -

thewarrens

And she's telling everyone she's returning to work, but she just told me she's not planning to....  I was like - good for you - but I think they can take your maternity leave back - - - plus - - - I'm sure you won't get a wonderful reference for a future job if you screw them like that.

Am I totally off base for thinking this way - or does this happen all the time?  I just feel like she's totally screwing her (our) employer. 

WDYT?

thewarrens

BTW - this is the same chick who announced her pregnancy at 6 WEEKS at work!!!  To EVERYONE!!!

PurpleK26

I don't know if it happens all the time or not. I think if she came back for a little while, and then quit, they probably couldn't take back her leave pay, but she sure wouldn't get a good job reference from me if she did that!

I don't think I could ever do that... I feel bad enough taking some leave from my PT job! 

sarahmae8

well, i think that it is not cool for her to be telling everyone else one thing, and you another. however, for me personally, i am telling everyone i am coming back as for now, that is the plan. but it could change. that is what she should be doing, rather than leading them on and yeah, if someone, like a boss, finds out she is not coming back, she will lose the benefits of her leave so what she is doing is not smart, IMO.

Flyswmer

Happens all the time.  And no, they can't take her leave back.

MsMoseley

what do you mean, what would you do?.....

...its not really your concern what she does...or is it?

...i would mind my business...and let her do what she is going to do.

edit:

ok, i read that wrong, you said what do you think...lol

...i think it will be her mistake, and her problem lol

Smootchy

I wouldn't DO anything... who knows what she plans on doing. It's not really your problem or place to do anything. IMO.  Unless she's gonna end up screwing you some how... But I'm thinking she'll just screw herself. Either she's gonna come back (no matter if she wants to or not... ) or she's not. And in the future she'll probably not get a good reference plus the whole maternity pay thing. Which you already said... So let her screw herself if that's what she wants to do...

CKLee1107

Mat leave taken back meaning your work has paid mat leave?  It would need to be in the contract that they could take it back or something in the wording of "___ has to come back to work for x amt of time to earn this" in order to take pay back typically.  If you are talking about the STD (short term disability), that is federal and not something your workplace could stop paying.

However, I do think she is being a little immature in how she is handling leaving work.  I don't like flat out lying to a workplace since it typically leaves quite a bit of strain on coworkers when you just up and leave unexpectedly or quit without a fulltime replacement to take over.  It all depends on the work situation though.

thewarrens

Hey girls.... Some of you think I said WWYD.  I didn't.  I said WDYT. 

Just wondering if you know about work taking back pay - don't want to see her screw herself if I can help her prevent it.  That's all.

k.martell

I've told my B&M (brick and mortar, my f/t job is an online moderator and I work from home.  I'm taking 2-3 weeks off of that job) boss that my plan is to return to a very p/t position if my schedule and DH's works out to where I can go to work for 12 or so hours a week while he stays home with LO.  If is the key word.

SweetBaby2004

I have worked in HR for ten years and have had it happen quite a few times where the mother does not return to work.  It has even happened to the most career-driven women who think they want to return to work only to decide during maternity leave that they can't bear to leave their little one or their financial situation changes to allow them to stay at home.

As far as paying back the short-term disability or other maternity benefits, I am not sure about that.  I have worked for several employers in different states and have never asked a non-returning mother to pay that back, but I am not saying it couldn't happen.

As for the references, the companies that I have worked for do not allow co-workers or former managers to give references for fear of lawsuit.  My current company does not allow even HR to give references (regardless of why the person left).  We simply direct the person who is requesting the reference to a third-party who can verify job title, dates of employment, and salary (if the former employee has authorized the release of this information).  When on job interviews, most people have a list of three professional references that the prospective employer can talk to that can speak to work ethic, performance, etc.  Most future employers (including mine) don't even call the current/most recent employer because we know we won't get any information anyway.

I can understand your frustration (and I have felt it when I have received a call from someone not returning from a leave of absence), but there is very little anyone can do (not saying you are planning to do anything).

 

Smootchy

Ah. Sorry.. I too thought, WWYD...

I really have no clue legally if they take back your pay or not.. But I still think, I would let her figure it out herself.

Alex17

STD is separate and cannot be "taken back."

However, with my company if I do not return to work for a certain period of time after my maternity leave I would have to pay back the benefits that my company paid during my leave for medical, dental, etc.

Every company is different though.

thewarrens

Alex17:

STD is separate and cannot be "taken back."

However, with my company if I do not return to work for a certain period of time after my maternity leave I would have to pay back the benefits that my company paid during my leave for medical, dental, etc.

Every company is different though.

Oh man!  See - I knew this could happen!  This girl will be so screwed if that happens...  She's not married & her & her BF broke UP a few weeks ago - she's all alone & this could be real bad. 

Bianca42

Alex17:

STD is separate and cannot be "taken back."

However, with my company if I do not return to work for a certain period of time after my maternity leave I would have to pay back the benefits that my company paid during my leave for medical, dental, etc.

Every company is different though.

I would think that in order for this to happen, it would have to be spelled out very clearly in the company handbook.  Otherwise, the company would spend have a hard time collecting the money back from you.  If it's spelled out in the handbook they would have a leg to stand on to collect the money back.

kcisthebombdotcom

The Warrens:

Alex17:

STD is separate and cannot be "taken back."

However, with my company if I do not return to work for a certain period of time after my maternity leave I would have to pay back the benefits that my company paid during my leave for medical, dental, etc.

Every company is different though.

Oh man!  See - I knew this could happen!  This girl will be so screwed if that happens...  She's not married & her & her BF broke UP a few weeks ago - she's all alone & this could be real bad. 

Clearly if she's leaving her job and she's not married to get on her husband's, she most likely has a plan to get an alternate form of insurance (state paid medical, for example) to take care of her and the baby.

Also, sometimes people plan to resign their job after baby but may not be 100% sure if it will work financially, or maybe the person is not sure if they are 100% committed to being a SAHM and don't want to close the door completely on a FT job (the boat I'm in now). While I think it sometimes kind of sucks for those around them, it's sometimes what a person needs to do.

 

DaisyGrl13

I don't get maternity leave, so I have to save up my vacation days...which I know some companies to have it stipulated that you earn your vacation days throughout the year.  So if you use them all in February and then leave in March, they will deduct the "unearned days" from your last paycheck.

Summer20

Flyswmer:

Happens all the time.  And no, they can't take her leave back.

This.  I do think it is kind of shady, but then again if she's worked there for a long time, maybe she feels like she's "earned" that leave.  She shouldn't have told you though, it gives you information you don't want or need.

Anna&Matt

I know at my job if you don't return for 30 days you have to pay back the paid portion of your mat. leave PLUS the full premium for your insurance during those months.

murfygirl

The company would have to have it in their contract that they can take back your paid maternity leave if you don't return.

MrsRebecca

The reason companies do this is to stop women who know they are not returning to work from taking a paid leave and then quitting.  It only hurts future pregnant employees when someone takes a paid leave and never returns...it results in companies instituting policies like this.

Couture21

My old job would send you a bill for the maternity leave pay. They had it listed in the sheets you signed when you got hired that if you don't come back for 6 months after maternity they will bill you for the maternity leave, unless you get fired.