when you choose. So, yes, legally you can
quit now; you don’t have to wait until you
return from FMLA. You also don’t have
to give two weeks’ notice. That’s a nice
thing to do, but it’s not required by law,
only convention.
Clearly changing jobs at this time
isn’t as easy as you may think, but it’s
completely legal. If you have thought
through all of this and apply for and get
the job, then go for it. So what do you
need to do about your current job?
Tell your current boss sooner rather
than later. They are planning on you be-
ing out for 12 weeks anyway, so if you tell
them early that you’re not coming back,
they can replace you more easily. It’s
considerate to them to let them know.
Do let them know in the nicest way
possible. Speak to your boss on the phone,
if possible. Otherwise, send an email. You
don’t need to go into the office, although
that’s normally the protocol. If you speak
with your boss via telephone or in per-
son, send a follow-up email just so every-
thing is clear. Keep it positive. Now isn’t
the time to burn bridges.
If you wait until your 12 weeks are up
and then come back for one day and give
notice, that’s actually harder on your
boss. She was looking forward to being
fully staffed and now this! It’s legal but
it’s more likely to burn bridges than tell-
ing her now that you won’t come back.
OK that’s the easy part. But should
you really take this job? Because when
you’re coming back from maternity
leave, there are a few more things to
think about.
The first is, you say you have two
months of FMLA left. Assuming you
didn’t use any FMLA time before you
gave birth, that means your baby is
about 4 weeks old. Generally speaking,
you’re officially disabled for 6-8 weeks
after giving birth. If you’re getting dis-
ability pay, quitting now could make that
stop, and your doctor may not clear you
for work before those dates. So, be care-
ful about committing to start a new job
before you're medically ready.
The other big concern is health in-
surance. Assuming you have your health
insurance through your job, if you quit
without returning they could require
you to pay back their part of your health
insurance premium for the time you
were on leave! Most companies don’t do
this, but legally they can, so understand
that may be an unexpected cost.
A new job — even your dream job —
will be extremely stressful. Make sure
you evaluate if this is the time to change
jobs, and let the new employer know
what you will and will not be able to do.
Honesty in these situations can seem
scary, but what you want is the best pos-
sible outcome, and being clear about
your capabilities will help that.
Just make sure you think through
things carefully. You don’t want any
surprises. n
Did you quit your job while on
maternity leave?
TWEET US
@COMSTOCKSMAG.
Suzanne Lucas spent 10 years in corpo-
rate human resources, where she hired,
fired, managed the numbers and double-
checked with the lawyers. On Twitter
@RealEvilHRLady. Send questions to
[email protected].
March 2019 | comstocksmag.com
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