FMLA and NOT going back to work....

My company offers 4 weeks paid materinity leave. How does this work if I know (but my company does not) that I do not plan on returning to work. Do I need to return to work after the 4 weeks or can I just quit and never go back? just curious....THANKS

edited to remove FMLA...

In my company you need to fill out an FMLA form and advise them of your return date. I think you need to show up on your return date at least...and then you can turn in your resignation letter. I'm not a HR manager though...

It is very nice that they pay you during FMLA. They are only required to hold your job or a comparable position for you....they do not have to pay your salary.

I just wanted to chime in with some encouragement to have someone in your company's HR department explain your LOA benefits very carefully. Maternity Leave is not the same as FMLA. By state law, you should receive 6 weeks of maternity leave for a natural delivery, and 8 weeks for a c-section delivery. Any time taken after that is considered your accrued vacation and/or personal time and after that amount of time is used, then FMLA usually kicks in.

All of these policies vary slighty depending upon the size of your company. If you work for a very small firm, like a start-up, chances are they don't have a 'formal' maternity leave policy.

However, MUM is the word regarding your desire to quit after your maternity leave is up!!! Give them a return date and plan EVERYTHING as if you will actually return to work on that date! DO NOT tell anyone at your office that you are not coming back to work, b/c if your boss or HR hear about it, you could lose your maternity benefits!

claud, you are right, i get the two confused, the FMLA keeps my job safe, while the 4 weeks maternity, I believe may fall under Disability (?)...Im just starting to research my options so I am still learning THANKS

You don't need to give your Co. a heads up before going out on FMLA....but be sure and understand your Co's policy before making any decisions. Does your Co. qualify for following the federal guidelines? (50 emps or larger, have you worked more than 1000 hrs in the past yr?)

My Co's policy is paid leave of absence after the 6-8 wk typical disability portion, but it depends on your length of service. The FMLA 12 wk policy is technically unpaid and just reserves your position until you come back

If you work for a large Co., they should have a benefits dept that you may be able to confidentially speak to about this also.

Are you considered a 'key' employee? A 'key' employee is a salaried 'eligible' employee who is among the highest paid ten percent of employees within 75 miles of the work site. They can refuse FMLA to key employees who 'under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations'

Additionally....

NOTICE AND CERTIFICATION

Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable.

Employers may also require employees to provide:

*medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member;
*second or third medical opinions (at the employer's expense) and periodic recertification; and
*periodic reports during FMLA leave regarding the employee's status and intent to return to work.


Check out these links

FMLA Poster in .pdf

FMLA Fact sheet

FMLA Compliance Assistance

Can I chime in? In my former life I worked in HR -- FMLA and 'Maternity Leave' are completely different. The leave is just a benefit your company offers (like vacation and sick time). It keeps you on the payroll for that time frame.

Assuming you work in NY and for a company subject to FMLA (and not in a union), you are entitled to a total of 12 weeks unpaid leave under FMLA. (you have to be employed for a minimum of time the previous 12 months). Your position (or a comparable one) will be held for you upon return, and your medical benefits continue as if you are employed. Barring any pregnancy or delivery complications, the first six (or eight) weeks of that 12, you are entitled to NYS disabiltiy benefits. If you are on your company payroll for 4 of those first weeks, you do not get the benefit $, your company does.

After those 6 weeks, your FMLA continues for an additonal 6 weeks. They can require you to utilize any paid time off you have during this time frame. By law (although a company can opt not to do this) if after 12 weeks you decide not to return, your company can require you to reimburse them the employer cost of the medical for those 12 weeks. By law, the company should have postings for disability and FMLA within the work site. Also read any employee manuals which spell out your company policies. And ask HR -- they are required to keep such inquiries confidential or else they can be cited for various discrimination issues. Pregnancy is a protected class. Good luck to you.