Quitting while on maternity leave

Editorial Team / Admin · Oct 27, 2016

You will need to ask these questions of your employer's HR department. Policies may be different across different facilities.

j0yegan · Oct 27, 2016

I mean generally speaking though. I don't wanna ask HR too far ahead of time and then have them realize what I may plan on doing and then screw me over because of it. :nailbiting:

Sour Lemon · Oct 27, 2016

I'm pregnant and work full-time. I plan on using (unpaid) FMLA and then afterwards use my accrued PTOs. There's a possibility that I will not come back. If I do decide to not come back to work, will quitting be okay while I'm on my PTO as far as not paying any health insurance costs back as opposed to quitting during FMLA?
And if I decide to transfer to another hospital as PRN, would that cover me as far as not having to pay back health insurance costs?

I'm in the same state that you're in, although a different city. Is there a reason why you don't plan to file short term disability for your pregnancy leave? If you're a nurse working full time, you've been paying plenty into the system and shouldn't hesitate to use the benefits you're entitled to. My benefit was $1000 weekly, tax free (before the birth to three months after it for a c-section, it would have been two months after otherwise). And after the disability expires, you're entitled to six weeks of paid baby bonding leave at the same rate (but taxable) and six weeks of non-paid baby bonding leave.

The only thing I used my PTO for was to cover insurance, and I ended up finding a PRN job close to my house instead of going back to my full time job that was FAR away.

I was also worried about having to pay back insurance, but couldn't seem to find anyone who'd experienced anything like that (or knew anyone else who had). I did ask human resources about it, and they actually seem confused by the question, too. The kept assuring me that as long as I had PTO to cover my premium, it was a done deal ...whether I came back full time, or not. The information I'd read prior to that made it seem like I would possibly owe something.

I eventually resigned two weeks before my baby bonding leave ended and they were not too happy. I received paperwork in the mail informing me that my insurance would expire at the end of that month (about 2-3 weeks away) and instructions for enrollment with COBRA (that part is fuzzy, because I had no intention of using it). No one "important" would take my calls anymore. I could only speak to the secretary who always let me know that everyone else was "gone for the day" or "in a meeting". There's never been any mention of paying anything back, although I was more than willing to do so.

Hope this helps, somewhat. I found the whole process very confusing.

Good luck and congratulations.

j0yegan · Oct 27, 2016

I'm in the same state that you're in, although a different city. Is there a reason why you don't plan to file short term disability for your pregnancy leave? If you're a nurse working full time, you've been paying plenty into the system and shouldn't hesitate to use the benefits you're entitled to. My benefit was $1000 weekly, tax free (before the birth to three months after it for a c-section, it would have been two months after otherwise). And after the disability expires, you're entitled to six weeks of paid baby bonding leave at the same rate (but taxable) and six weeks of non-paid baby bonding leave.
The only thing I used my PTO for was to cover insurance, and I ended up finding a PRN job close to my house instead of going back to my full time job that was FAR away.
I was also worried about having to pay back insurance, but couldn't seem to find anyone who'd experienced anything like that (or knew anyone else who had). I did ask human resources about it, and they actually seem confused by the question, too. The kept assuring me that as long as I had PTO to cover my premium, it was a done deal ...whether I came back full time, or not. The information I'd read prior to that made it seem like I would possibly owe something.
I eventually resigned two weeks before my baby bonding leave ended and they were not too happy. I received paperwork in the mail informing me that my insurance would expire at the end of that month (about 2-3 weeks away) and instructions for enrollment with COBRA (that part is fuzzy, because I had no intention of using it). No one "important" would take my calls anymore. I could only speak to the secretary who always let me know that everyone else was "gone for the day" or "in a meeting". There's never been any mention of paying anything back, although I was more than willing to do so.
Hope this helps, somewhat. I found the whole process very confusing.
Good luck and congratulations.

Thanks for the input!!! Yeah I'm actually gonna try to file for short term disability. I didn't know I was eligible because I didn't sign up for it when I signed up for benefits.

VANurse2010 · Oct 27, 2016

I believe you have to exhaust your PTO before you can use FMLA

CelticGoddess, BSN, RN · Oct 27, 2016

I believe you have to exhaust your PTO before you can use FMLA

This isn't true. As a matter of fact, my facility(and system) requires you file for FML if you are going to be out for more than a couple of weeks. You can't apply short term disability until you exhaust your PTO. My husband ( who worked for the same system) had to file for FML when he had surgery, and my pregnant co-workers also filed for FML BEFORE they went out on maternity, even though at least one had 6 weeks worth of PTO (she came back quickly).

My husband was not able to apply short term disability until he used up his PTO though.

You can also file for intermittent FML (provided you have the required number of hours and have worked 1 year at the facility) if you are per diem. I have intermittent FML for severe asthma, have no PTO. It has saved my job. Asthma related absences do not count towards occurrences for me.

Editorial Team / Admin · Oct 27, 2016

I believe you have to exhaust your PTO before you can use FMLA

My employer requires a week of PTO and then our short term disability kicks in. FMLA isn't a source of payment; it's a federal act that protects an employee's job but does not require an employee to be paid during that leave. Facilities can develop their own policies regarding how employees can be paid.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA (Family & Medical Leave) | United States Department of Labor

Sour Lemon · Oct 27, 2016

I believe you have to exhaust your PTO before you can use FMLA

I have only had a baby in California and never been on disability before for any other reason, so my experience is very limited. My employer actually did require me to file for disability when I went on maternity leave, and I was also given the option to decline using my PTO at all- even for insurance purposes. I went through a little over five months of pregnancy disability, and three months of baby bonding ...all without using all my PTO up. I only used a few hours each payday to cover my benefits. The rest of my PTO was actually paid out to me when I resigned.

Sour Lemon · Oct 27, 2016

Thanks for the input!!! Yeah I'm actually gonna try to file for short term disability. I didn't know I was eligible because I didn't sign up for it when I signed up for benefits.

I didn't sign up for my employer's short term disability plan, but this is a government benefit (in California). You're eligible for 60% of your income if you've worked full-time for at least a year. Considering taxes aren't taken out, you'll make very close to your actual full-time income.

They average your last 1.5 -2 years of pay and apparently round up or down. My co-workers and I got the exact same amount although our salaries varied a bit.

j0yegan · Oct 28, 2016

This isn't true. As a matter of fact, my facility(and system) requires you file for FML if you are going to be out for more than a couple of weeks. You can't apply short term disability until you exhaust your PTO. My husband ( who worked for the same system) had to file for FML when he had surgery, and my pregnant co-workers also filed for FML BEFORE they went out on maternity, even though at least one had 6 weeks worth of PTO (she came back quickly).
My husband was not able to apply short term disability until he used up his PTO though.

They never mentioned PTOs at all when I was filing a claim for short-term disability. I don't see why that would have anything to do with anything. They are separate payouts. It's not like I would use them at the same time. They said I would get short-term disability for 6 weeks after I deliver. And that's just half of my FMLA leave. After my FMLA leave, I would then apply my PTOs.

j0yegan · Oct 28, 2016

I have only had a baby in California and never been on disability before for any other reason, so my experience is very limited. My employer actually did require me to file for disability when I went on maternity leave, and I was also given the option to decline using my PTO at all- even for insurance purposes. I went through a little over five months of pregnancy disability, and three months of baby bonding ...all without using all my PTO up. I only used a few hours each payday to cover my benefits. The rest of my PTO was actually paid out to me when I resigned.

Did you resign while you were on leave? Did you have to pay anything back for your health insurance costs?