Giving two-weeks notice when on maternity/paternity leave?

Question

My wife is a nurse and is currently on maternity leave. For reasons with work life balance, she wishes to possibly look at another job for when she is ready to go back to work. She has a promising interview this week that might turn into a job offer.

If this is the case, she would want to give two weeks notice to her current employer, but these two weeks would occur well before she is supposed to get back to work.

When giving two weeks and one is on family medical leave (viewed as short term disability in the US), would this be considered a reason to blacklist the person from future employment?

She is concerned because she works for a near monopoly, and if this other job doesn't work out, she would be in serious trouble finding a job.

Answer 1

When giving two weeks and one is on family medical leave (viewed as short term disability in the US), would this be considered a reason to blacklist the person from future employment?

It might be different in the nursing profession, but in places where I have worked, it's pretty much a tossup when a woman takes a maternity leave if she will ever actually return. It's never a surprise when they don't.

Usually, it's because the mother never actually planned to resume work after the leave was complete. But I know of one other occasion where the mother found a new job waiting for her after her maternity leave and thus never returned.

I've also had people take a 1-month vacation (back to their home country), give a notice within their vacation time, then never return. Maternity leave, paternity leave, leave for other reasons - it happens.

In the software world, while it might cause bad feelings, it wouldn't cause a blacklist.

Answer 2

This answer does not answer the original question about blacklisting. However, I think it's important enough to deserve a separate answer rather than a comment.

She needs to be very careful with this. If she is currently on FMLA leave (Family Medical Leave Act) and quits while on it, the company can require repayment of the company's share of health plan premiums that they paid while she was on FMLA leave. They can also stop health care benefits (subject to COBRA) immediately upon learning that she doesn't plan to return to work. Some info here. The particular statement is in 825.311 and more detailed information in 825.213.

Many companies probably won't bother trying to recover the premiums. If word got out, it could be a public relations nightmare, but the possibility is there.

Thanks to Joe Strazzere for a link to better information.

Answer 3

A company that somehow has a "near monopoly" status is generally large enough that they have well defined rules with regards to "blacklisting" a departing employee from the possibility of returning. The following assumes it's a large company.

These will be defined in either the employee handbook or by HR policies which she should be able to get access to.

Generally speaking, the only times I've seen people "blacklisted" has been if one of the following situations apply:

1. Terminated for Cause.
2. Performance prior to leaving left a lot to be desired.
3. Manager fills out the exit interview stating that employee is not eligible for rehire.

That 3rd option is generally the biggie. If she leaves things in such a way that the manager is unhappy then they will likely leave a black mark on her record; which would be reviewed by HR if she reapplies for work.

That said, I completely agree with Joe: when a woman goes on maternity leave most managers know it's a complete crapshoot as to whether she will return or not. She might very well have every intention of returning right up until she sees the baby then decides she simply couldn't leave the little bugger in day care. The thing is, anyone that has been in that situation (ie: had a baby) knows this. They leave the door open just in case the employee returns (it is the law) but they aren't counting on it.

Another thing that impacts an employees ability to return is simply demand for her job skills. If demand is pretty good in your area then the company will likely do what it can to ensure it can rehire her if the situation presents itself. The flipside is that if the market is flooded with workers with a similar skill then HR might very well skip over her just to get someone new.

The tldr; version of the above is: only the company she works for can really answer this question. Unfortunately you are unlikely to get a real answer until it comes time to try it out.

Answer 4

I don't see a problem. Having a child changes personal and professional lives, so it's a valid reason to find a job that is more conducive. I wouldn't just give 2 weeks notice if at all possible.

When people go on extended leave, they usually tie-up loose ends on projects, clients, etc. and do some sort of helping with the transition to a replacement. In a way, they've already replaced her, so I don't think resigning while on leave presents a lot of problems.

Finding enough good nurses is hard enough in many part of the world, so I don't think too many companies can afford to "blacklist" anyone with a good performance record because of one incident that isn't job performance related.