Help! FMLA/STD question? Plan on not returning to work...

[MrsBenz]

I am wondering if anyone has done their research in this area and can explain it to me in simple terms...fmla, aflac, and all that has been making my head spin.

I am due June 22, and don't plan on returning to work after baby comes. I know I get 12 weeks of FMLA (unpaid), but I have 2 aflac plans (short term disability and a hospital plan) that will pay me for 6 weeks after I give birth.

I am wondering how/if/when I should tell HR that I am not returning. I have a good relationship with my coworkers and boss, and they all know that I don't plan on returning. I am now thinking that was a mistake, because I am learning that I could potentially lose my insurance and std if they learn I am not returning. I am not worried so much about my insurance not covering the birth, because I am also covered by my husbands insurance, but I don't want to lose my short term disability benefits because I have been paying on them for over 2 years now and don't want to just throw that money away.

In a perfect world, I would like to tell HR that I don't plan on returning months before I am due, so they can fill my position and I can train that person in. I also want to maintain a good relationship with the company because someday I might want to go back to work, and there aren't many options in my field where I live.

Could I give a notice that my last day will be sometime in July or august? Technically I would be on leave still, but then they would know that I'm not coming back. I just don't know if that would still allow me to get my 6 weeks from aflac.

Any advice would be much appreciated! I am meeting with HR on Thursday, but I worry she won't be honest with me about what I should do- she just wants to do what's best for the company.

 

[bcos21]

I'm not sure the legalities of it all, might be a good idea to look at the terms of your policy. Good terms or not, I don't think it's a good idea to show your entire hand to coworkers. I'd think if you weren't planning on returning then you wouldn't technically qualify for the disability because it's not preventing you from working since you aren't planning on working. Also, when I went on fmla I still paid all my insurance premiums including the short term disability. Maybe tell her you are Weighing your options, and financially it might make more sense for you to return (even if you're not) to encourage more honest answers from her? No matter how much you like this company I would act in your own best interest to make sure you are qualifying for benefits you paid for. You can be sure the Company will act in its own interest. Sorry I don't have specific info for you, I'm sorry you're Going through this uncertainty

 

[MichCuc]

Yeah, I tend to also err on the side of protecting oneself. As nice as your boss and coworkers and even the company as a whole is, at the end of the day, the only person looking out for your best interests is you. Of course, that's not to say you should totally screw them over. But maybe keep your ducks lined up and some cards hidden.

I was in a similar situation when pregnant with my first. I was working at a great place and had a great boss. She knew ultimately I wanted to quit after my FMLA leave but encouraged me to still take the leave even though I wouldn't return. And one reason she gave was: you never know what might happen in the future. You plan on quitting. You plan to have that all work out but what if something happened that made you *have to go back to work unexpectedly (God forbid, but sometimes things happen we totally don't want or forsee). You don't want to burn that bridge too soon. Not that you'd even be burning a bridge by quitting, but sometimes it's hard to get back in once you leave. So I didn't tell HR I was quitting until 2 weeks before maternity leave was up. It was my "2 week notice" and we were right where we hoped we would be. I was comfortable quitting, financially.

Good luck. There's really no right answer. But lots of things to think about and consider!

 

[1nceUponATime]

The short term disability probably will not pay out if you are not an active employee. Unless the Aflac is paid for separate from your job? If the policies paying out are separate from your job it's probably okay to be honest from them. FMLA is really just a federal protection saying that you have to be allowed time off, UNPAID though. Short term disability would pay out because you cannot medically work (typically for 6 wks after natural and I think 9-12 weeks c section).

 

[mara16jade]

If you resign before maternity leave, I'm pretty sure you will not be paid. I took the max time off in CA which was 12 weeks fmla and another 12 weeks for bonding time. Then I returned to work for a bit, and then I quit about 2 months later when I knew I really needed to stay home (emotionally and physically, and luckily I was able to be a sahm).

As bad as this sounds, my advice would be to not say anything. Go off on maternity leave and then tell them after your plans run out. You may want to check into the legality of it though. There may be an issue if you don't go back at all...even for one day or one week. I heard of some companies forcing the employee to pay back any health insurance they were provided with while on maternity leave if they simply don't come back period. Just a thought. Protect yourself.