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Repost: As is a common practice, my wife does not plan to return to work after maternity leave. Because this is a common occurrence, we are sure her employer must have some suspicions. When is the proper time to notify her employer that she will not be returning? Naturally, we want to maintain FMLA pay and insurance. Our instinct is just to wait till the normal 2-weeks before the end of her maternity leave before notifying the employer.

Follow-up Question: Since this is a common practice to not return after maternity leave, wouldn't the employer appreciate it further in advance than the customary two-weeks? Also if a woman would lose FMLA benefits and insurance by giving two-weeks before or early in maternity leave, who would ever do that?

Please read before marking as duplicate: This question is about the current-job effects (pay and benefits) of resigning immediately after maternity leave. While the follow post has a similar title, it is about the future job effects (being blacklisted): Giving two-weeks notice when on maternity/paternity leave? . The following post is a different situation because it is 2-week paternity leave and not 3-months maternity leave (returning from paternity is much more common): What to do when two weeks notice period overlaps with parental leave?

marked as duplicate by David K, Retired Codger, gnat, Michael Grubey, Masked Man Jul 4 '17 at 1:00

This question was marked as an exact duplicate of an existing question.

  • Why did you not just edit your original question with the clarification/additional info? – psubsee2003 Jul 3 '17 at 18:09
  • @psubsee2003 I did but it still was closed as a duplicate. I suspect that people just read the similar post titles but not the actual posts. I also responded in the comments, but some of the clarifications were below the "Show X more comments" and weren't read. Can I reopen my own post? – Jeff Parker Jul 3 '17 at 18:14
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    You can't reopen your own post on your own, but when you have 250 rep, you can vote to reopen. But looking through your original post's timeline, the close review was completed after your edit, and you got 3 close votes after your edit. This suggests the voters did not think your edit made the post substantially different. You'll also find comments are the worst place to explain why your post isnt a duplicate. Your explanation should be in the post itself – psubsee2003 Jul 3 '17 at 18:24
  • @psubsee2003 Good to know! I will keep that in mind in the future and just make the edits in the post itself. – Jeff Parker Jul 3 '17 at 18:58
  • @JeffParker If you want to get your original question reopened, the best way is to post a question on The Workplace Meta and make your arguments there. – David K Jul 3 '17 at 18:59
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You already found the answers to your question. You just don't seem to like them. https://workplace.stackexchange.com/a/17431/14577

Two weeks notice is already too much. Loose ends get tied up before the maternity leave gets taken. Giving two-weeks would be completely counter-productive to your self-interests and of no additional practical benefit to her employer (unless it helps them to cut off her benefits and insurance early)

https://workplace.stackexchange.com/a/90284/14577

In fact, not coming back to work for at least one day would be risky according to the answer above. If you still doubt that last answer, you need to call the phone number referenced below during business hours and ask them directly.

https://www.dol.gov/whd/contact_us.htm

What else do you want us to tell you? Do it anyway. Take the risk. That is not for us to decide for you. We do not know her employer like she does.

I can only tell you that the only pregnancy situation I have seen, the mother came back for one week. The temp replacing her wasn't let go during that time, so I assume that HR kind of knew that the new mother wasn't planning to come back for very long.

But I can also tell you, that knowing management, she would have been asked to pay her benefits back had she not come back. Would they have sued her? That, I do not know. But would they have asked for the money back? Yes, certainly. That's how management was at the time. The company was no longer a startup. It had been acquired by a much larger company, the management had been replaced, and the new mantra was to stop all the excesses that the previous management had gotten into the habit of doing.

  • Very complete and detailed answer. You are right in that I had found various answers spread across many questions on different topics. Thanks for putting context around those answers and bringing it all together. I guess I just got lost in the "meta" aspects of stack. – Jeff Parker Jul 5 '17 at 14:45

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