Maternity leave question

rockychryslerb2010 · September 2011

I was lurking on another board yesterday and the discussion came up about taking maternity leave and not coming back after your leave is up. Needless to say, it caused quite a few strong opinions to come out, and I didn't necessary agree with them. We haven't decided what I am doing after my leave is up - options are to go back full time, part time, or not at all. At my company, you have to work at the firm a year to qualify for maternity leave. I always viewed it as a benefit and technically, benefits are considered as part of the compensation package for employees. In my industry, benefit packages are a way to differentiate between companies and employers use them to attract talent. I know if I don't come back, I will give at least 2 weeks notice, but I never thought of it as fraud or taking advantage of the company. If you give at least two weeks notice, how is it any different than working for one company while you are interviewing or looking for another job, and giving two weeks notice when you receive an offer? I don't want to start drama, but I've always thought of myself as someone who does the right thing and is not 'morally corrupt' or 'fraudulent', so reading that post really got me thinking. I am missing something?

Mrvswife · September 2011

I don't have the option of not coming back. If I weren't to come back, I would need to repay the company for the time I was gone and not actually working.

I personally wouldn't feel right about my company paying me to be at home for three months, not contributing to the company or making them any money, and then leaving.

EvenAngelsFall · September 2011

First off, your company may have its own policy about whether money / benefit $ is due back if you do not return..... so watch out for that.

IMO, whether or not its legal, it's rude to take a paid leave and have your job held when you have absolutely no intention of returning. If you're unsure, thats one thing, but I think people who go into it looking to collect whatever they can and never look back are self centered.... All that time you are gone could have been used to train your replacement. I know at my job,We were all just covering for somebody on maternity. Its HARD. We all had our own work to do in addition to hers. 3 weeks ago, just as she should have returned & things should have gotten back to normal, she tells us she is not coming back. So we are STILL covering for her while our company scrambles to interview and train a new person.

Again in IMO, I think you should go into it as honestly as possible with your employers & coworkers so everybody knows what they might be in for. If not, expect to burn A LOT of bridges in terms of relationships & future references!

McSquishy · September 2011

I'm with you. While we're still unofficially undecided about what I'll do this go around, i"m leaning towards quitting and staying home. You bet your sweet bippy I will be taking every hour of leave I've earned before making that decision though.

Maybe it's different b/c we don't have a maternity leave policy. It's my sick and vacation time. I've earned it, I will use it.

MrsT2008 · September 2011

using earned vacation/sick time is one thing - because they owe that to you if you leave anyway (at least at my company they do). However, I do think it's unethical to make the decision not to return before you even leave just to use whatever leave they give to you.

helloshannon · September 2011

I will be using whatever paid time i have accumulated (vacay/personal/sick) and then the rest will be unpaid so I figure if I decide not to return then tough nuggies for them. Things have not been great recently, I feel like I have been treated unfairly (not pregnancy related) and frankly they haven't done much to earn my loyalty even 3 years in. If I decide to stay home or find a part time position elsewhere then I won't waste time feeling bad for them! I feel like you have to do what is best for you and your family and your employer wouldn't think twice about screwing you so why should you think twice?

mirandagc91 · September 2011

I don't even really have a choice. At my company you are FMLA and maternity leave eligible after a year, I will only have 9 months with them when LO is born. Our area director is a bioootch and has insinuated to my boss that I won't be neccesary to come back. I am taking my paid time off (a whole 5 days or so at that point), but that's all I have, we don't have sick days and maternity leave is unpaid even for those who qualify.

Maggie-Moo · September 2011

Mrvswife:
I don't have the option of not coming back. If I weren't to come back, I would need to repay the company for the time I was gone and not actually working.

I personally wouldn't feel right about my company paying me to be at home for three months, not contributing to the company or making them any money, and then leaving.

This, although I am in Canada, so I know it is different. I'll have a year off and then owe them a year's work when I go back otherwise I have to repay my employer back (not gonna happen).

Liz10/04 · September 2011

I work in HR and FMLA is a legal entitlement where you can take up to 12 weeks of unpaid leave. To qualify, you must work 1250 hours + 12 months prior to asking for the leave. Although there are some companies that are too small for FMLA to apply to them, most will have to hold your job (unless they close down or your position is part of a layoff). The pay part usually stems from short term disability benefits, a company specific benefit, and/or accrued paid time off. Some insurance plans require a repayment of benefits if a woman were to not return to work after maternity so be sure to check with your individual plan. All that said, I'm taking my full 12 weeks, will use my accrued time off to keep the paycheck coming and will most likely go back. However, I may look to leave for a job that is more family friendly.

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