(Closed) US maternity leave question…

posted 4 years ago in Pregnancy
Post # 2
1868 posts
Buzzing bee
  • Wedding: June 2012

I dont think you have to work any amount of time before quitting. FMLA specifies that your job is safe for you to return to, not that you have to go back. I get 12 weeks leave per FMLA. I get short term disability pay at 60% for 4 of those weeks and I get 2 weeks at 100% pay but that is becuase I put in 2 weeks vacation. Should I put in those vacation days without accrueing them, i will owe that back should I not return.

I feel that this is an ethical decision more than a legal one.


Post # 3
4028 posts
Honey bee

Kayla0416:  OP, this is probably something you should discuss with your HR department, even though its an awkward situation. Also, does your organization pay out sick leave? If so, you may not need to take maternity leave if that is the only income you would receive (paid sick days rather than maternity pay) and you could avoid the whole situation.

My work just started a new maternity leave policy that will pay up to 60% salary (caps out at $2,000 a month though) for 13 weeks. FMLA allows 12 weeks off, so I plan on taking 6-8 weeks off when we have a child. I could take more, but given my job and responsibilities, I don’t know if I will want to be out that long, but we will see. I don’t plan on leaving my organization after having a baby (at least right now) and I am locked in a 5 year contract. So I am not sure how that is impacted.

Post # 4
9282 posts
Buzzing Beekeeper
  • Wedding: October 2013

FMLA holds your job for 12 weeks but does not guarentee pay.  maternity leave pay is different for every company.

i’ve heard plenty of stories where people give their notice while on maternity leave.  my mom was moved to a different office to cover for a girl on maternity leave.  she is actually hoping the girl puts in notice and doesn’t come back since the other office is closer to her house.


Post # 5
1954 posts
Buzzing bee
  • Wedding: October 2013

You do not have to go back if your sick time is already accrued & available for you to use. I’m currently on mat leave…I get 8 weeks paid plus any vacation/sick time I have. I’m not planning on going back. I’ve been with the company almost 8 years & it’s fairly common for women to use their mat leave & not come back. 

Post # 7
5878 posts
Bee Keeper
  • Wedding: April 2013

Kayla0416:  I’m quite confident that what you are proposting is legal.  However, do you feel that if you give them extra notice, that they’ll take negative action (such as dismissing you?).

It would be better for your employer and for you if you just told them that you plan to take your sick time durring your FMLA LOA and that you don’t plan on returnign to work afterwards.  That way they get lots of time to find a replacement (and maybe even have you train that replacement before you go) and you get to feel good about your exit.  Many employers are very reasonable and will work with you on this.  I would imagine that a univesity is not pinching pennies so that they’ll try to screw you out of using your accured sick time?

If you feel that it’s too much of a risk, then go for it with your plan of giving notice after your sick time is used up and you are still on FMLA leave.

Post # 8
102 posts
Blushing bee
  • Wedding: September 2013

Do you get your health benefits from your employer?  If so, I would definitely suggest checking on this before you make any final decisions.  Every employer is different with how they handle FMLA leave-  if your health care is through them, and you plan to continue coverage during your leave-  you could be obligated to pay back their portion of your insurance premiums if you quite while you are on leave.

Post # 9
963 posts
Busy bee
  • Wedding: March 2015 - On a Cliff Overlooking the Bay, Florida

Kayla0416:  I would check with your employer, as the PP stated you may have to pay back if they cover your medical expenses because you used them for the benefit then left during leave. Also a girl at my work did this and was marked not elegible for rehire and tried to come back a year later. I would just ask general questions about the leave if you give them a heads up hey i’m going on maternity leave but i don’t plan on coming back they may tell you to put in your notice now witout the notice.

Post # 10
783 posts
Busy bee
  • Wedding: March 2015

In my company, once you put in your notice, they will not allow you to use any sick time. You will have to findd out about your company’s specific policies. FMLA guarantees your job will be held for you after 12 weeks, but that’s all there is to it. It doesn’t say you HAVE to come back after you take the leave.

Post # 11
1492 posts
Bumble bee
  • Wedding: January 2012

Kayla0416:  DO NOT say anything to your boss. No matter how nice you don’t want them thinking about replacing you this far out. Ask HR but that’s it.

Post # 12
1341 posts
Bumble bee

8 weeks annual leave or sick leave? If it’s annual leave than whether you quit before kf after makes no difference as annual leave gets paid out. 8 weeks sick leave is a long time (we only get 8 days a year and it doesn’t accrue if you don’t use it). I agree with others, it’s an ethical decision for you… Sick leave is meant to be a benefit for when you are sick.. You don’t get paid out because if you aren’t sick, than you are considered lucky rather than ‘ohh you deserve this time’. Do what you are comfortable with. 

Post # 14
1023 posts
Bumble bee
  • Wedding: September 2016

Deleted my comment because it was incorrect… I was thinking of PTO, not sick leave. 

  • This reply was modified 4 years, 4 months ago by Profile Photo lr0901.
  • This reply was modified 4 years, 4 months ago by Profile Photo lr0901.

The topic ‘US maternity leave question…’ is closed to new replies.

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