Stay at Home Moms
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Using FMLA and then leaving job

I've posted this on a couple of boards, since I wasn't sure where to ask.  After discussing the cost of daycare for two infants versus my income and then all the other changes and responsibilities we have coming our way, we have decided that I am going to stay home with the babies.

I am in Ohio, and work for a very large national company.  My employer gives 12 weeks 100% paid maternity leave.  Is there anything I should know about quiting once my 12 weeks is up?  I don't feel comfortable asking my supervisor about this, because I honestly don't want them to know ahead of my taking leave that I don't plan to return.  I've been told by numerous family and friends that I shouldn't say anything UNTIL I give notice.  I certainly plan to give them notice before my 12 weeks is up, but I do not plan to "return" to work.  Is anyone aware of any liability I'm leaving myself open to?

 I know the simplest thing might be to just call my HR line, but I have this insanely, irrational thought that if they find out beforehand it wouldn't be good.  Should I just call them?  How open about my intentions should I be?  Thanks for the advice!

Re: Using FMLA and then leaving job

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    I'm not sure if it's different in each state or company, but I have heard, legally, that in order to receive your 100% pay, you have to go back to work for at least a week and then give notice....If you give it on your 12th week at home, they can techniqually make you pay them back the 100%, cost of benefits, etc.
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    Jules GJules G member

    I am also not returning to work. I haven't told my job yet, but I plan to about a month before I go out on what would be my maternity leave. My DH was all about me taking the paid leave & telling them while I was out that I am not coming back. I decided not to do this for many reasons. First, my company makes you pay back the money that they paid while you were off, unless you come back to work for 30 days. That being said, you need to look into your company's policy on this if you plan on not telling them before you leave.

    Second, I also had people telling me not say anything until my paid leave had run out, but I just didn't feel morally right about this. The whole reason for them paying you to be off having your babies is because they are planning on you returning to work. So you I know that your not returning, you then have no right to take money that didin't belong to you in the first place. I realize that there are many other women who plan on returning to work & find out after the arrival of their LO that they just can't leave them. That is one thing, but since I know now that I am not returning I will tell them before I even go on my 'leave.'

    In my opinion, you really should tell your work that you are not planning on returning before you leave. It's wrong on so many levels to decieve them this way. I understand tht it's tempting & to be honest I toyed with the idea too, but the bottom line is that it's just not right.

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    First of all, congrats on twins!! And I don't really have any infor for you, but I'm very interested in hearing what others say because I'm in the same boat (or I will be once I'm expecting). I tend to lean towards the side of not saying anything until I need to... But I'm looking forward to seeing!
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    Thanks for the input.  I sucked it up just now and called my HR.  The man was very detailed in explaining the benefits and how my termination of employment would work.

    So now I know, and until the actual time comes I'm leaving things as they are, that I'm simply taking maternity leave.

    The reason I'm not saying anything now to my employer is because I'm not officially making the decision until I have to.  Many things could change between now and then and I don't want to make any permanent decisions until then.  I have actually been quite honest about my feelings of continuing to work and leaving with my direct supervisor (who I am very close to) and I plan to leave an open line of communication once I have the babies.  For now I just see it better to not say anything until I make that final choice.

    Thanks again!

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    Jules GJules G member
    imageMighty&Mousey:

    The reason I'm not saying anything now to my employer is because I'm not officially making the decision until I have to.  Many things could change between now and then and I don't want to make any permanent decisions until then.  I have actually been quite honest about my feelings of continuing to work and leaving with my direct supervisor (who I am very close to) and I plan to leave an open line of communication once I have the babies.  For now I just see it better to not say anything until I make that final choice.

    Thanks again!

    I'm definitely with you on that. I'm not saying anything until closer to when I leave too. I figure too that with me leaving on good terms, if I want or need to return to work, they will be happy to have me back. Where if, I quit while on maternity leave & taking their money, they may not be so apt to want to help me out in the future. I really don't want to burn my bridges here because I do like my job (most of the time) & I work for a great company, but at this point in my life, my family comes first. GL in your decision, hope it all works out well for you!

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    I think you need to ask HR.  You want all your ducks in a row, especially if they have terms that you have to return to work for X months after maternity leave (or something crazy like that).  When I asked my HR department I went about it simply stating that I had not yet made up my mind about returning or not and if I returned what date so I just wanted to cover all the bases.  I knew in my head I was not returning but I never let on to anyone at work.  Shoot - I flat out told my boss that I wouldn't have an answer about returning until I was already on maternity leave.
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    I did this. I was hoping to SAH but we had a house to sell in order to make it work.  As it turned out we didn't sell until DD was 4 weeks old so we just made it and I wasn't able to tell them for sure until the time my maternity leave was close to running out anyway. 

    I was told by my company HR that I would not have to pay anything back but the moment I said I would not return my pay and benefits would immediatley terminate.  I had no intention of losing a cent so I waited it out.

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    May not be illegal... but sounds a bit unethical to me. I hope you don't ever plan on going back to that job, because I can't imagine they would appreciate this.

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    imageLonghornNAggie:

    May not be illegal... but sounds a bit unethical to me. I hope you don't ever plan on going back to that job, because I can't imagine they would appreciate this.

     

    Agreed. Not a very good example to set for your kids IMO. 

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    imageflygirl4ev:
    I'm not sure if it's different in each state or company, but I have heard, legally, that in order to receive your 100% pay, you have to go back to work for at least a week and then give notice....If you give it on your 12th week at home, they can techniqually make you pay them back the 100%, cost of benefits, etc.

    I believe this is true in most states...

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    I worked for a very large company. I took my maternity leave and decided while I was on it that I wasn't going to go back. I told my boss a week before my leave was up, but they had me write my notice letter for the day I was due back at work from mat leave (so I got paid for it all, yaaaay). I just got my last check from them Saturday and didn't have any issues
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    The situation you're proposing here doesn't have anything to do with FMLA but rather with your company's internal policies with regard to maternity leave.  Moral issues aside, it is your company's policies that need to be examined, not the state's.

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    imageNYCred:

    The situation you're proposing here doesn't have anything to do with FMLA but rather with your company's internal policies with regard to maternity leave.  Moral issues aside, it is your company's policies that need to be examined, not the state's.

    Definitely correct. This is your company's own policy so make sure you understand their rules prior to doing anything. If you will be using the government mandated FMLA then you have to be concerned with the possibility of paying back any health insurance premiums your company pays on your behalf while you are on leave.

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