What happens if I change jobs during maternity leave?
October 12, 2010 7:15 AM Subscribe
I’m on maternity leave. Another employer has contacted me about the possibility of a job. I would prefer this potential job to my current job. What legal and financial issues (such as having to repay insurance costs incurred during my leave) should I expect to face if I take the new job and don't return to the current job from maternity leave?
Additional information:
-My current employer and I are in New Jersey.
-Both jobs are with large companies. They’re regular, full-time positions with benefits.
-I need to keep medical benefits without interruption.
-Until now, I had planned to go back to my current job at the end of my maternity leave.
More questions:
-If the new job becomes a firm offer and the new employer will put it in writing, would it be better for me to quit the current job and use COBRA until I start the new job?
-If I will owe the current employer reimbursement for insurance costs, which costs will I owe? Premiums? The actual costs of the services rendered?
-Is it worth seeing a lawyer who specializes in employment issues?
-Where can I find more information about this issue?
Additional information:
-My current employer and I are in New Jersey.
-Both jobs are with large companies. They’re regular, full-time positions with benefits.
-I need to keep medical benefits without interruption.
-Until now, I had planned to go back to my current job at the end of my maternity leave.
More questions:
-If the new job becomes a firm offer and the new employer will put it in writing, would it be better for me to quit the current job and use COBRA until I start the new job?
-If I will owe the current employer reimbursement for insurance costs, which costs will I owe? Premiums? The actual costs of the services rendered?
-Is it worth seeing a lawyer who specializes in employment issues?
-Where can I find more information about this issue?
I agree with dfriedman that this probably won't be a big deal, but one hour's consult with an employment lawyer could set your mind at ease and make the whole process easier, so I'd probably do that if I were you.
posted by Aizkolari at 7:27 AM on October 12, 2010
posted by Aizkolari at 7:27 AM on October 12, 2010
If you quit my employer while on maternity leave, your insurance would terminate on the last day of the month your employment terminates and you would owe any unpaid premiums (FMLA requires us to keep you on the insurance policy and let you pay back the premiums after you return.) I would also check to see if you owed back tuition reimbursement and to see if you overused sick leave.
People who leave us while on extended absences of this kind usually owe about $500 when all is said and done. But our premiums are very low.
posted by SMPA at 7:35 AM on October 12, 2010
People who leave us while on extended absences of this kind usually owe about $500 when all is said and done. But our premiums are very low.
posted by SMPA at 7:35 AM on October 12, 2010
Per FMLA, if you decide not to return, you may have to pay the company their portion of the insurance premiums, as well as your portion, for the period of time you were on leave. Many companies do not enforce this. Memail me if this isn't clear or you need more info; however, this disclaimer should also have been on your Eligibility Notice & Notice of Rights & Responsibilities you received when you first applied for leave.
posted by pecanpies at 7:44 AM on October 12, 2010 [1 favorite]
posted by pecanpies at 7:44 AM on October 12, 2010 [1 favorite]
Simple answer - Take the new job, with a starting date 2.5 weeks after you return to your old job.
The day you get back, give your two weeks notice.
Your current employer and coworkers may consider it a dick move, but won't really have anything they can do about it.
Of course, this assumes you live in an at-will state and have no formal contract. If you have a contract, including an "implied" contract due to the nature or location of your work, I'll second Aizkolari, talk to a lawyer.
posted by pla at 8:57 AM on October 12, 2010 [2 favorites]
The day you get back, give your two weeks notice.
Your current employer and coworkers may consider it a dick move, but won't really have anything they can do about it.
Of course, this assumes you live in an at-will state and have no formal contract. If you have a contract, including an "implied" contract due to the nature or location of your work, I'll second Aizkolari, talk to a lawyer.
posted by pla at 8:57 AM on October 12, 2010 [2 favorites]
FYI: all states except for Montana are at-will states.
The advice to return and immediately give your two weeks' notice is good - that would get you out of having to reimburse the company for their share of your health insurance premiums. I don't see any need to consult a lawyer unless your company demands payment for their share of your premiums, tries to retroactively terminate your benefits, or threatens legal action.
posted by pecanpies at 10:46 AM on October 12, 2010
The advice to return and immediately give your two weeks' notice is good - that would get you out of having to reimburse the company for their share of your health insurance premiums. I don't see any need to consult a lawyer unless your company demands payment for their share of your premiums, tries to retroactively terminate your benefits, or threatens legal action.
posted by pecanpies at 10:46 AM on October 12, 2010
Did you sign any paperwork when preparing for maternity leave? I signed our FMLA paperwork, which stated that I would repay the insurance premiums that my employer paid for me if I failed to return to work. I have my whole family on my insurance, and my employer pays about $1000 a month to have us on insurance, thus, failing to return after 3 months leave, I would have owed approximately $3000.
I work for a university and they most definitely enforce this. Can't speak for individual companies.
posted by Knowyournuts at 4:45 PM on October 12, 2010
I work for a university and they most definitely enforce this. Can't speak for individual companies.
posted by Knowyournuts at 4:45 PM on October 12, 2010
This thread is closed to new comments.
As to the other questions--I don't see why you would have to reimburse the old company for insurance costs. And I don't think an employment lawyer is necessary.
Your old company may not like it but your loyalty should be to yourself, not your employer.
posted by dfriedman at 7:20 AM on October 12, 2010