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2nd Trimester
kristin172429
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Notifying your employer about not returning - Important (XP)
kristin172429
member
This was addressed in another post on another board, but I wanted to put it a little more to the forefront and make sure people are aware of this issue. Many people keep talking about being courteous to their employer and letting them know that they are not coming back after their maternity leave. Please understand:By notifying them you do not plan to return makes you:1. Ineligible for FMLA. 2. They are not required to continue/pay your health insurance.3. Depending on your company's leave policy, you may no longer be eligible for leave. You may find that your last day before leave is your last day of work: no leave, no benefits, no insurance.Even if you don't tell them ahead of time, but don't return to work, please know that they may be able to ask you to repay them for the money they paid in insurance while you were out!As nice as we want to be to our employers and give them time to find replacements should we choose to not return, please, please be aware of what this could mean for you!!!
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Re: Notifying your employer about not returning - Important (XP)
Definitely review the policies specific to your company, but in terms of FMLA, as soon as you notify them you are not returning, they can end your FMLA and no longer have to maintain your insurance. I don't know how long the insurance coverage lasts for once it's cancelled.
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I handle the insurance at my work and insurance goes to the end of the month once you leave employment (ie: You quit September 16th it will end September 30th.) I'm not sure if that is true for all plans though.
I was just laid off and that is how the insurance worked for me. My last day was 9/9 and my insurance will end on 9/30.
This is not exactly along the same lines, but I wanted to share the fact that I also agree that being courteous to an employer is great, but you and your family are MUCH more important... I had to take a medical leave of absence from work in my 1st trimester due to hyperemesis (SEVERE nausea and vomiting accompanied by trips to the dr for IV's due to dehydration and a weight loss of 22lbs). I was given permission to return to work by my doctor after 6 weeks of leave. I notified HR only to get an email (yes, an email) the next day from them saying my employment was terminated. I had only been there 9 months, so I was not covered by FMLA. The reason they gave was "unsatisfactory performance".
At 16 weeks pregnant I was left without a job and without health insurance. I am now 6 months pregnant and still interviewing for positions.
Oh, and I worked for the federal government! All I'm saying is: cover your own butt!
Brayden (5 1/2) born 12.28.06
Hailey (4 1/2) born 2.25.08
Taylor (8 Months) born 12.26.11
I agree and why would you need FMLA protection if you are not returning?
The reason I mentioned the FMLA is that most people who talk about not returning talk about not doing it "after their leave". Technically, they wouldn't need the job protection, but they would likely need and depend on the part of the act that requires the company continue their health coverage.
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Definitely not always the case. More and more employers are ending coverage on your last day worked. If you do not know for sure, I would check your SPD's or other benefits information to find out.
I am an attorney--and I am not giving legal advice, but many companies have a policy that if you do not come back for a certain number of days (usually around 180 or 365) following your FMLA leave or your maternity leave, then they will retroactively make you pay the entire amount of healthcare costs incurred during your FMLA leave and any paid leave you may have received. So be careful and check your policy before you decide to do this.
Also, I truly do not intend to be snarky, but it makes me very uncomfortable to see so many women willfully abusing their company policies and knowingly taking full advantage of paid maternity leave/paid benefits designed to make women able to equitably compete in the workplace. Everytime a woman stretches their healthcare benefits and paid maternity leave to the very maximum, and then quits right after, a man in that workplace (and maybe other women) go behind closed doors and say that next time, it would really be easier just to hire the good male candidate instead of the good female candidate. By making this decision to use LEAVE benefits that you are not entitled to, since you are not merely taking a leave of absence, you are effectively screwing the next generation of women who are fighting so hard to get into the position that you currently hold--please think about this.
Brayden (5 1/2) born 12.28.06
Hailey (4 1/2) born 2.25.08
Taylor (8 Months) born 12.26.11
FMLA does not legally require your employer to pay your health insurance while you are on leave. They can require you to pay for your own health insurance for the duration of your leave. Most employers won't do that as a professional courtesy though.
What about burning bridges?
Obviously it doesn't matter if you don't intend to work again and/or don't need the references. I work in a small industry, and if someone did this it would follow them and tarnish their reputation. I just don't see it as something a professional would do.
I agree with your first paragraph -- with my company you have to return for at least 30 days or you have to pay back the company paid health insurance coverage.
however, I definitely disagree with your second comment. Maternity leave is something you earn by already working for the company. It is not something you have to pay back by coming back to work after or for that you have to work x years after to have made it worth it (with the exception of the company policy to pay back medical, etc. if you choose not to return). If I've worked for a company for over 1 year and am elibigible for FMLA, I have no obligation to have to tell my employer before my leave that I decide to not come back (not the case in my situation since I am still working and plan to but for those that make the decision). STD is something I am already eligible for having worked for the company. Any vacation/sick time I'm allowed to use is vacation/sick time I already earned by being an employee of that company. You are entitled to leave benefits before you go on leave -- again, you don't have to earn them by coming back. I'm shocked that as a lawyer, this is your stance.
Not to mention, many woman may want to be SAHM when pg but then during maternity leave, decide they do want to go back to work. Which they have the right to do. If they've already told their boss they are not returning, they no longer have the choice to come back. A company is always going to make decisions first based on what is right for the company (save them money, etc.) vs. what is nice for the employee. You don't want to burn bridges but you also don't want to shoot yourself in the foot.
I told my employer after coming back to work. I knew the policy before going on leave and really needed my STD benefits. I had always paid the whole year to have a hire percentage of STD pay so I didn't want to throw all that money away. I spent the last 2-3 months training someone to do my job so I didn't leave them in the lurch. I do feel bad about it but I worked for them for years and did the best I could to leave them in a good position. It's never an easy decision and it needs to be thoroughly thought through before anything is done.
<><
Tizzle 10/07 ~ Boppy 7/09 ~ Chicken 1/12
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Probably has alot to do with how your premiums are paid. If your employer pays 100%, then they have more leeway of when to cancel it. In my case, I pay toward my insurance each month. They have to give me what I''ve paid for.
The bottom line is, the corporate world is not looking out for you or your family, so if you're not doing it, then no one else is either.
I absolutely agree with you 100%. In the past several years, my stepmom has had 6 women call during the 10th or 11th week of maternity leave to let her know that they weren't coming back. So, she has had to scramble to find a replacement for each one of them at the last minute. It's absolutely frustrating for an employer to hold an employee's job open for them for nothing. That time could have been spent finding and training a new employee.
I can't believe how many of you think that this behavior is okay. I understand you want to take care of yourself first, but misleading your employer is unethical, rude and completely unprofessional.
If you're really upset about these things, you should be pushing for a national maternity leave policy like every other nation in the world has so that things are easier for both women and for employers, not blaming women who are trying to do what's right for their families.
If telling an employer to far in advance about a personal decision to quit my job causes me to lose my maternity leave benefits that I already worked for prior to going on leave, then I will most definitely put my family's financial situation ahead of an employer's need to look for a new hire (granted I am a working mom and will continue to be one but I wouldn't be surprised by others deciding during maternity leave to not come back). The company would do the same, i.e. putting the financial situation of the company ahead of holding my position as required by FMLA if given the opportunity. Your stepmom was legally required to hold their position during the FMLA stage (assuming she has more than 50 employees, etc.). They gave two weeks notice before the end of that stage. How do you know they didn't decide during their maternity leave to quit and stay at home with their children? We are allowed to make that decision at any point in our lives. I have known some woman to plan to go back to work and then decide to be SAHM once they got used to it during maternity leave, and others who were going to be SAHM deciding it wasn't for them. When did we give up the right to make this decision at any stage just to make it easier for an employer? By no means do I find this unprofessional, unethical or rude -- women are legally protected to make that decision when them deem appropriate. As can a man if he takes time off under FMLA which he has the right to do.
so now Im torn...
I *hate* and I mean *hate* my full time job and plan on telling my bossthat Im leaving as soon as I run out of my earned leave. As of December, I will have no insurance through my company, thank Goodness.
So would it be wise to tell him BEFORE I leave to have the baby to give them time to find a replacement or should I wait it out until I run out of paid leave while on maternity leave?
I feel so stuck...Im worried that if I tell him beforehand, he will make me quit before I exhaust my leave! ugh...
Make sure you understand your company's benefits. The company could try and ask for the paid leave money back, depending on their policy. Many have clauses that you must return to work at least 30 days after you leave to not owe them your leave back (if they foot the bill for it - if it is a benefit you pay for, it might be different). If you notify the company before your leave, they could terminate your employment before you go out on leave. Review your company's policies before notifying them of anything.
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How each company handles things varies, but if you notify them you are not coming back, they can end your employment before your leave and not provide insurance. On the other hand, even if you do wait and you don't come back, they could ask you to repay the insurance premiums they paid for you while you were on leave. Personally, if I had to decide, I would rather be insured and have to pay back the premiums if they asked me, so I would wait to notify.
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