As I understand it you have to physcially come back to work to get the benefits (insurance, paid leave, etc) of maternity leave, even if it is only for one day

You should just ask your HR. It's not uncommon for women not to come back after maternity leave. I asked my HR what would happen if I ended up deciding not to come back from maternity leave. Would I be liable for the pay received while on leave? They told me that the company would not try to get the money back. I get 12 weeks paid leave. Like I said, I would just ask. Every company is different. 

Definitely ask before making that decision. A friend of mine needed to sign something that said she would come back for at least 3 months or risk needing to payback benefits or sumshit. I forget the details, but all I know is that she couldn't just leave.

You should definitely ask your HR department. Sometimes you have to return for a certain amount of time to keep the benefits you got while you were on leave, and it's company specific.

As a PP said, I don't think you're putting yourself at any risk by asking about your options. 

I worked for a large bank when DD was born.  I just had to go in and give my notice (written/verbal).  To get my bonus, I had to have my review anyways so DD and I went in and did everything in one shot.

If you have already decided that you are not coming back, then technically, you have quit on the day you leave.  They don't owe you anything (except accrued time that they would pay anyone who was quitting). 

 

So, if that's really your plan, you wouldn't want to tell them that.  However, that's really dishonest and just plain wrong.

beckajw:

So, if that's really your plan, you wouldn't want to tell them that.  However, that's really dishonest and just plain wrong.

I'm sorry, but I totally agree with this. It's things like this that make it tough for women of childbearing age to compete. There are still sexist a-holes in this world (I know, I work for one of them, and I should have reported hisass when he asked inappropriate interview questions), and people who will come right out and say that they'd rather hire men than women, because women have babies.

I just want to throw my 2 cents in. What you are going to do is legal and allowable. But from a professional standpoint, it sucks. Your company is going to have to find someone to cover you for the entire maternity leave, and then once you quit, they are going to have to rehire anyway. I think this is taking advantage of your company's maternity leave policy. But if you are morally okay with this, then whatever floats your boat. I personally think it's very unprofessional.

Case in point - we had an employee who was essential. She went out on maternity leave. We never did find an adequate person to cover, so the entire team struggled continuously for 8 weeks. She then came back and quit. We could have hired from the beginning and skipped all of that nonsense. We felt tricked and she was viewed to have taken advantage of the maternity leave system.

You obviously have to be physically at work for the two weeks to give a real "two weeks notice". Otherwise, they can make you non-rehireable for reason of lack of notice (some go as far as to call it job abandonment, which can make it very difficult to get another job in the future). You have to work more than the day or two - you have to be there for that entire two weeks. You can't give the notice while you are on maternity leave because you have to be back at work after leave to avoid having to pay back for the leave time. So you should go in once your leave ends, give your notice that day, and then work until your notice period is up.

Again though, what you plan to do is legal.

You HAVE to talk to your HR and find out all your options.  Just lay it out with what if I come back what happens, what if I don't etc...  

I did not go back and did NOT have to pay back any insurance, vacation time, or short term disability.  But I believe maternity leave is different.  I told them half way through my leave so they had plenty of notice and still have lunch monthly with my old manager and co-workers.

This is really not a decision you can make completely right now.  I always think everyone should wait until the baby is here to make a decision unless you don't have a choice.  You may hate staying home and want to go back, your DH could lose his job, you never know.  

I would find out all scenarios and put in your two weeks once the baby is here and decide what to do.  I know people disagree with me but you have to look out for number one and all YOU owe them is a two week notice just like if you found another job.  Trust me they would not give you any consideration if they need to lay people off. 

Good luck!! 

beckajw:

If you have already decided that you are not coming back, then technically, you have quit on the day you leave.  They don't owe you anything (except accrued time that they would pay anyone who was quitting). 

 

So, if that's really your plan, you wouldn't want to tell them that.  However, that's really dishonest and just plain wrong.

 

 

I worked for a hospital system with DD1 and got 12 weeks of STD leave. Paid 100%. I went out 2 weeks before my due date due to carpal tunnel and pain while driving/working. So I got 9 weeks home with my girl. My manager asked me what my plan was at first and I told him "I'm not sure." I talked to my HR person and asked the lady I worked with, "What if this or that?" and she told me the options.

I did not have to pay anything back. I was entitled to my paid leave. I did not owe my company anything. There were no hard feelings. I could go back to work there still to do this day if I wanted to. I was/am friends with my direct manager at the time and I told him in a "unofficial" way, "Um, I'm probably not coming back" and he was happy to know that. He had resumes and people lined up to get interviews done once I officially gave my 2 weeks. I wrote a letter 2 weeks before I was supposed to go back. He had someone hired and in place by that time. I went back only to turn in my key card and sign my exit form. Done.

I would speak to HR. Make sure you clearly define that what your discussing is confidential, so that it's on the record that you and the HR person were both clear on that matter. Legally HR cannot discuss what you discuss with them with other people, and is risking their job if they do.  

I would approach it also as a "what-if" situation, and just explain that you're looking at all possibilities so that you and your husband can look at all the financial options.  Again, they cannot discuss what you discuss with them to anyone else, and if you have on record that it's confidential than you are saving your butt if they do try to use that to lay you off 

While what you're doing may be possible, what a dick_move.

I just want to chime in and say that I don't think there is anything unethical with ending employment at the end of maternity leave. If you ended employment before your maternity leave, you'd obviously be out the maternity leave you are entitled to. The problem is that women are put in an unfortunate situation when choosing to end their employment after maternity leave.If you don't want to return to work, you're only logical option is to wait until maternity leave is over.

I can understand why employers have clauses that require someone to return to work for a certain amount of time to enjoy maternity leave benefits. However, if there is no such clause in your employment contract, I see no reason why you would be ethically obliged to return to work when you want to stay at home, especially considering that maternity leave can be as few as six weeks or less.  

Where I live (Spain), there is no doubt that I am entitled to 12 weeks maternity leave. It just so happens that we started immigration procedures for my husband to immigrate with me to the US before I got pregnant. It is quite possible that we will have to return to the US around the time my maternity leave is over. I see absolutely no reason why I should lose 3 months of compensation that I am entitled to by virtue of working for my company for over 3 years simply because I will not be able to return.

Maternity leave is a benefit for CURRENT employees (as in, employees who are truly taking a BREAK during their employment to go have a baby and then return), not employees who plan to effectively quit the day they have the baby.  You are not ENTITLED to it just because you work up to the point you give birth.

However, as PPs have said, you need to talk to your HR and figure out your options.  You are not putting yourself in jeopardy by asking them anything, it is their job to make sure you are well informed.  Policies vary from company to company, you really need to talk to yours before making any decisions. 

I think the issue is very simple: consult your employment contract. If you have an obligation to return to work, then you would forfeit your maternity leave benefits by not returning. If your contract does not have an obligation to return, then you have no obligation, ethically or otherwise, to return.

If you're not going back the right thing to do is to tell them so they can replace you otherwise you are totally screwing them over.  So if you value your coworkers and would like a recommendation in the future, I would be open with them and explain your situation.  Don't just leave them high and dry taking everything you can get out of the situation along the way. 

 

 

drewiekc:

Maternity leave is a benefit for CURRENT employees (as in, employees who are truly taking a BREAK during their employment to go have a baby and then return), not employees who plan to effectively quit the day they have the baby.  You are not ENTITLED to it just because you work up to the point you give birth.

However, as PPs have said, you need to talk to your HR and figure out your options.  You are not putting yourself in jeopardy by asking them anything, it is their job to make sure you are well informed.  Policies vary from company to company, you really need to talk to yours before making any decisions. 

I don't know how people don't grasp that the benefit is to allow a woman time for recovery and bonding before RETURNING TO WORK.  It isn't a free amount of time you're entitled to no matter what. 

I don't know about maternity leave pay but I do know that because of COBRA they can not take away your insurance. They have to pay for it through your maternity leave and once you officially quit than you have to pay for the entire premium by yourself. I worked up until a month before I was due and took a 12 week maternity leave where they kept paying their 50% of insurance and after that my husband's insurance at his new job kicked in so that's how we did it.

I guess I'm in the minority with respect to my thoughts of this. I don't think there is anything wrong with not telling your employer that you are having thoughts about not returning to work. My maternity leave will be covered under short term disability insurance which I have been paying for since the day I started working at my company. My company is not paying a dime towards my maternity leave pay, the insurance company is covering that. So, I feel that I am totally entitled to that money as I pay an insurance premium every single paycheck. Also, you really have no idea how you are going to feel after the baby is here. While you may think you don't want to go back to work, your mind could change. I thought I wanted to be a stay at home mom and I quickly found out that was not for me after I had DD. I'm so glad I didn't say anything to my employers. Andplusalso, most employers know that there is a chance you may not return. Do whatever you feel comfortable doing.

My HR rep is a numbskull, but she had told me that I can plan to return (so I get my benefits) and then change my mind during my leave and I could call while I am away and give my two weeks notice before my leave is up. I'm going to ask her again though, she doesn't explain things very well and it sounded like I was going to get a lot less leave than others who have already left for their maternity leave.

As an example, my friend who used to work in my dept (changed depts a few years ago), was gone for 5 months straight (some of it probably unpaid), gave her notice while she was gone and never returned to work and did not have to pay back any benefits.

You're right though, it could differ from company to company, so you'll want to explore all your options with your own HR rep.

I would definitely ask them about your options. When I told our HR person I was pregnant, she flat out told me that if I decided to leave, my maternity pay would NOT be effected. I assured her I was coming back, but she said she understands that a lot of times things change once the baby gets here. Obviously, if I did change my mind, I would want to tell them so they would have plenty of time to hire someone else, but, at least for our company, paid maternity leave is a benefit you have earned because of your past performance and the time you have put in to the company - not based on the fact that you'll continue on. The amount of paid leave we gets is dependent on how many years you have put into the company. (But I am sure that this is not the case with every company, so it's always good to ask! They may even have options for you if you decided to stay on part-time or per diem (depending on what you do) so that's another thing you could ask about)

ajonesphoto:

I don't know about maternity leave pay but I do know that because of COBRA they can not take away your insurance. They have to pay for it through your maternity leave and once you officially quit than you have to pay for the entire premium by yourself. I worked up until a month before I was due and took a 12 week maternity leave where they kept paying their 50% of insurance and after that my husband's insurance at his new job kicked in so that's how we did it.

 

They don't have to pay for your insurance.  They have to give you access to it, but they can make you pay, if your leave is unpaid.

Laurafaye:

I just want to chime in and say that I don't think there is anything unethical with ending employment at the end of maternity leave. If you ended employment before your maternity leave, you'd obviously be out the maternity leave you are entitled to. The problem is that women are put in an unfortunate situation when choosing to end their employment after maternity leave.If you don't want to return to work, you're only logical option is to wait until maternity leave is over.

I can understand why employers have clauses that require someone to return to work for a certain amount of time to enjoy maternity leave benefits. However, if there is no such clause in your employment contract, I see no reason why you would be ethically obliged to return to work when you want to stay at home, especially considering that maternity leave can be as few as six weeks or less.  

Where I live (Spain), there is no doubt that I am entitled to 12 weeks maternity leave. It just so happens that we started immigration procedures for my husband to immigrate with me to the US before I got pregnant. It is quite possible that we will have to return to the US around the time my maternity leave is over. I see absolutely no reason why I should lose 3 months of compensation that I am entitled to by virtue of working for my company for over 3 years simply because I will not be able to return.

 

That's a big assumption that she's entitled to maternity leave. 

I don't find this to be "dishonest" or "wrong" as some people have stated. As of now, you probably plan to stay home. But no one knows what may happen. Circumstances change and a spouse could loose a job while she is on maternity leave or other things could happen that would require her to actually return to work. I don't think it's taking advantage of the company.

Ask HR hypothetically, that way you have all of the details in written form. Also, be careful with not returning to work at all bc they may require you to pay back all of your health insurance, etc. for the time you were on maternity leave.

Laurafaye:

I think the issue is very simple: consult your employment contract. If you have an obligation to return to work, then you would forfeit your maternity leave benefits by not returning. If your contract does not have an obligation to return, then you have no obligation, ethically or otherwise, to return.

This.

And I can respect other's POV about it being wrong not to return. However, wrong or not, you still earned that time off. For example, I have worked for my company for 6 years. I have worked 70 hour weeks, traveled at the last minute for days/weeks at a time, etc. I've done my time and earned my leave. If I choose to A. not come back to work (which isn't going to happen) or B. Find other employment while I'm on maternity leave, that's my choice. It's not being 'rude', it's business. They would have no issue laying me off if it had to happen so why should I have an issue with choosing not to return? Sorry, but there is no such thing as company loyalty anymore.

We'll be expecting our first in early May. I work in a 2 person office for a large nationwide company and yes, I do have the option to take my full FMLA leave, with Short term disability BUT I'm not going to D!ck over my boss. Yes, we'll be losing my accrued sick time and a few $$ from not gettin 75% of my wages but I'd rather not leave a bitter taste in the company.

I am plan on 'retiring' from here May 3 and giving my boss and HR department 2 months to find my replacement, as our hiring process takes quite a while.

2010Bride2be:

Laurafaye:

I think the issue is very simple: consult your employment contract. If you have an obligation to return to work, then you would forfeit your maternity leave benefits by not returning. If your contract does not have an obligation to return, then you have no obligation, ethically or otherwise, to return.

This.

And I can respect other's POV about it being wrong not to return. However, wrong or not, you still earned that time off. For example, I have worked for my company for 6 years. I have worked 70 hour weeks, traveled at the last minute for days/weeks at a time, etc. I've done my time and earned my leave. If I choose to A. not come back to work (which isn't going to happen) or B. Find other employment while I'm on maternity leave, that's my choice. It's not being 'rude', it's business. They would have no issue laying me off if it had to happen so why should I have an issue with choosing not to return? Sorry, but there is no such thing as company loyalty anymore.

But see, the issue is that people get in their head that working someplace "accrues" their maternity leave.   It's not vacation or sick leave.  It's time off (the specifics will vary - with/without pay, but usually still maintaining insurance and 401k contributions) that you are given as a benefit DUE TO having a baby and needing time off before RETURNING.  That's the intent of the leave.  Legal or not, it's shitty to manipulate leave because you feel you've "earned" it.  I bet the people scrambling to cover other people's work feel they've earned the right not to be screwed.

vaness1229:

I guess I'm in the minority with respect to my thoughts of this. I don't think there is anything wrong with not telling your employer that you are having thoughts about not returning to work. My maternity leave will be covered under short term disability insurance which I have been paying for since the day I started working at my company. My company is not paying a dime towards my maternity leave pay, the insurance company is covering that. So, I feel that I am totally entitled to that money as I pay an insurance premium every single paycheck. Also, you really have no idea how you are going to feel after the baby is here. While you may think you don't want to go back to work, your mind could change. I thought I wanted to be a stay at home mom and I quickly found out that was not for me after I had DD. I'm so glad I didn't say anything to my employers. Andplusalso, most employers know that there is a chance you may not return. Do whatever you feel comfortable doing.

 

I totally agree. What if you have been working somewhere for 10 years and paying in? Why don't you deserve the benefit? Because your planning to possibly leave after your leave is over? At the end of the day it's not about the company it's about you. A company will survive without you, and most likely they will not be bitter that you chose to stay at home with your new child instead of returning to work.