I am asking this for a friend. She has been working at her job for 2 years, and has earned Maturnity leave time. Her baby is due soon, and the job is making it hard for her to want to return. She said she would go back part time after the baby is born, but they are being nasty about what hours they will give her. She has pretty much decided she will not return after her baby's birth. Is she still entitled to maturnity leave pay? Or is that only if she goes back to work? It seems to me like if she hasn't taken all of her vacation time then they should pay her that, but not the maturnity leave if she isn't going back to work. Do any of you know how that works?
Thanks so much for all the info. My friend works for a small doctor's office so the 50 employee thing doesn't apply. She has decided she is completely fed up with the way she is being treated at work. She's going to work until the baby is born and that's all. So I guess she isn't entitled to anything. Thanks again!!!
She is entitled to her maternity leave because it is given by the state and not the employer. She should however resign her job at the end of her maternity leave so she can use her vacation time at the end of her maternity leave. Just in case they want to be real a-holes and not pay her out for it.
Hi Kathy,
I've read some of the responses and I've also read your request, and it's a little confusing between leave and pay. The FMLA provides for 12 weeks unpaid leave if the company has at least 50 employees.
To the best of my knowledge, it's been several years since I've done any research on this, the State of CT does not require a employer to pay any "vacation", "maternity", "sick" etc. This is why an employer does not have to pay you unused time if you quit. I would check the Connecticut Dept. of Labor website www.ctdol.state.ct.us
The most important thing to check is the company's personnel policy.
This is a bit sneeky, but at least she'll get paid for the time she's earned...tell her employer that she intends to return back to work in the same capacity she currently works. If her employer is paying maternity pay for the full 12 weeks, she should request to add on any vacation time to that period. After the 12 weeks are up, she should return to work for a week, after that week is up, give a weeks notice or after a week, inform them that working full-time is too demanding and request part-time hours.
Another thing. Many times maternity pay is paid as "short term disability pay" thru Health Insurance. If this is the case, then your friend would receive pay if she was on the insurance plan.
Hi Kathy,
If she tells her company her intentions she will jeopardize losing her health insurance and pay. When the time comes for her to return ro work after she has received her pay then she can tell the company whatever she decides.
M.
i would still just take it with the intention of coming back then tell them after having your baby, you cant dream of leaving her. if she has earned it, its hers.
for the vacation, they have to pay her, technically she can just take the time when she gives birth until it runs out.
I think it depends on how many people are in the company and if they have to adhere to FIMA laws, etc. If she wants to take maternity leave with pay, she shouldn't give notice until her maternity leave is coming to an end. If she has unused vacation, she should apply it to her maternity leave to extend it. She should really speak to someone who specializes in this, like an attorney.
They would need to pay her for sick and vacation but if she does not go back at all, then she wont get all her maternity leave. This is what I would do....let them think she is coming back. Tell her to take her maternity leave and then either right before she is due to go back, quit OR go back and work for a month (stick it out for a month) and then quit. I think at that point, she will get paid for all. If the company really is not good to her and she does not mind burning some bridges, then she should not worry about making anyone angry about it.
Hi Kathy,
From what I have heard, no matter what your plans are post-baby, you should ALWAYS tell your boss that you plan to come back to work after maternity leave. Then you can just say that you changed your mind and you are giving your notice. It sounds a little sneaky, but she is entitled to her pay and the company might not allow it if she isn't coming back. Best of luck!
Tell her not to quit until she has been paid for her time! It is her time, but jobs can get pretty nasty about giving owed time if they know that she's not coming back. Have her look into the FMLA (Family Medical Leave Act). It entitles her up to 12 weeks of leave due to the birth of a child. This is unpaid, but it does guarantee her a job. The only catch is that she has to work for an employee that employees a certain number of people. I can't remember that number, so she'll have to double check on that. Why does work make is so difficult for us moms?
Most places don't pay actual maternity leave, just disability from giving birth which ranges 6-8 weeks. Some places will use all your sick/vacation time prior to paying out for disability, which can be 60-8-% of your usual pay depending on the company. If you have already announced that you are only coming back parttime, then they can base disability on that instead of fulltime. If you have decided you aren't comig back, then it's just like giving you notice and they are not obligated to pay out disability or anything else since you are no longer an employee.
