Resigning while on maternity leave

JustBeachyNurse, LPN · Oct 29, 2015

You need to look at your employe handbook. Sounds like you will be using unpaid FMLA for maternity leave. If you resign on leave sometimes the employer can backdate your resignation and you will be stuck with COBRA premiums

RNperdiem, RN · Oct 29, 2015

Is it too late to work out childcare? Since you are needing insurance, perhaps you can look for a job when you get back to work. Maybe start looking now.

Per diem work in most places does not include benefits, insurance included. Part-time is for some reason, hard to find.

BeachsideRN, ASN · Oct 29, 2015

I would wait to resign until after you've exhausted all 12 weeks of FMLA leave. That way you will still have your insurance and benefits

Twinmom06, ASN, APN · Oct 29, 2015

my old employer would make you pay for the back benefits if you resigned during maternity leave - now if you came back for a week or 2 and THEN resigned they couldn't but if you did during your 12 weeks they would since they were paying the premiums.

caliotter3 · Oct 29, 2015

I agree with RNperdiem. Do everything possible to continue at your present job for as long as possible because you might not be able to get another position very easily.

Jolie, BSN · Oct 29, 2015

Please thoroughly research both FMLA legislation and your employer's policy regarding FMLA.

The law allows employers to back bill an employee for the cost of benefits provided during FMLA if the employee does not return to work in a benefits-eligible position and maintain employment for a specified period of time.

This protects employers from being on the hook for expensive insurance and other benefits if the employee doesn't intend to remain active in his or her position or a similar one following leave. It is a necessary protection to prevent employees from routinely resigning while on family leave, thereby extending benefits they would not otherwise be entitled to receive.

Not all employers enforce this payback, but the law allows them to do so. Your facility's policy on family leave will spell out how long you must return to work in order to avoid having to pay back the cost of your benefits.

Also, how do you intend to insure your family once you resign?

MunoRN, RN · Oct 29, 2015

Generally you can continue to use your PTO to maintain your benefits while on FMLA, you're essentially using your PTO to maintain your minimum number of hours required per pay period for the employer to continue to contribute to your health insurance. It depends on what sort of agreement you or your union has with your employer about how PTO can be used, but usually you shouldn't be back-charged for insurance premiums while you were using your earned PTO to meet your minimum hours requirement. Once you've used up your PTO and are just on FMLA, there is typically no employer contributions to insurance offered, all FMLA does is protect your right to return to your position when you return to work.

Once your PTO runs out your option is usually to take advantage of COBRA, which means you can continue to use your employer-provided insurance plan for a period of time but you are responsible for the entire cost, which is usually pretty expensive and these days you're probably better off looking for an individual plan.

JustBeachyNurse, LPN · Oct 29, 2015

Once you've used up your PTO and are just on FMLA, there is typically no employer contributions to insurance offered, all FMLA does is protect your right to return to your position when you return to work.
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This is not correct FMLA you are paying the employee portion for insurance and the employer subsidizes. You can pay the employee portion via PTO or make payment arrangements with your company.

Source: https://www.dol.gov/whd/regs/compliance/whdfs28a.pdf

Once you terminate then you go into cobra where the employee pays the full amount. It's the benefits as well as job protection offered by FMLA.

Hence if an employee terminates during FMLA or shortly thereafter the employer is permitted to back bill the employee for the full cost to the start of FMLA.

Consider seeking child care arrangements as others have suggested

adpiRN · Oct 29, 2015

I resigned while on maternity leave. My plan was to be a SAHM for awhile and my husband runs his own business so we had to buy our own insurance. I resigned a few weeks after my son was born and I think my benefits lasted to the end of the month (I called HR to confirm).

So I arranged ahead for our new insurance to start as soon as that ran out.

My delivery and prenatal visits were covered 100% and they didn't make me pay for them because I resigned.

Though every place is different I guess.

JustBeachyNurse, LPN · Oct 29, 2015

Employers are not required to back bill if you quit during or right after FMLA but employers have the right to bill for their cost if you fail to return to work of your own choice.

Insurance must always run through the end of the month, even if you quit the first week per complicated IRS regulations regarding benefit plans.

MunoRN, RN · Oct 29, 2015

This is not correct FMLA you are paying the employee portion for insurance and the employer subsidizes. You can pay the employee portion via PTO or make payment arrangements with your company.
Source: https://www.dol.gov/whd/regs/compliance/whdfs28a.pdf
Once you terminate then you go into cobra where the employee pays the full amount. It's the benefits as well as job protection offered by FMLA.
Hence if an employee terminates during FMLA or shortly thereafter the employer is permitted to back bill the employee for the full cost to the start of FMLA.
Consider seeking child care arrangements as others have suggested

That's not actually how it works in the description provided by the OP, if the employee resigns their position at the end FMLA without returning to work they are responsible for the full cost of insurance during their time on FMLA.

In addition, the employer may require the employee to repay the employer's share of the premium payment if the
employee fails to return to work following the FMLA leave