I've been with my present employer for over 15 years and they are giving me two months of paid maternity leave. I've decided not to return following my two months of paid leave, my husband wants me to tell them now rather than wait until the end of my leave. I assume if I tell them now they can take away my leave so I really should keep quiet until the end of my maternity leave and just give the required two weeks notice.

My year end bonus was reduced by exactly the same amount they'll be paying me while on "paid" leave but they claim it's just a coincidence.

Thanks for your help.

And your question is...?

Sorry to be vague - my question is if I tell them now I'm not coming back do they have any obligation to pay me my maternity leave? And if I don't come back can they make me repay my leave?

Thaks.

There is no legal obligation for them to provide you with paid leave. Is this a standard policy or something special just for you? Do you have it in writing? What are the circumstances under which it was promised?

Here is our maternity policy from the handbook:

"Leaves due to pregnancy (and related disabilities) will be granted, with pay, for up to 2 months (44 work days). An additional 2 months (44 work days) of pregnancy leave will be granted, without pay, upon request.

Vacation and other benefits such as personal time off that are based on continuous employment do not accrue at any time during leaves of absence lasting more than 30 calendar days.

Employees returning from pregnancy leave are generally guaranteed reinstatement to the same or an equivalent position at the end of the leave unless a position is not available for legitimate business reasons in conformance with federal and state law."

It applies to everyone at the company, it's not something special for me. We give the handbook out to all employees and I verbally confirmed the paid leave with a supervisor.

If you tell them you aren't returning, they don't have to pay you for the 2 months anyway. Similarly, if you wait until after the 2 months to resign, there is no law that would prevent them from seeking reimbursement. Whether your employer will do either of these things no one here can tell you.

I would be cautious in waiting the 2 months then quitting as it has every possibility of burning bridges you may need in the future when you opt to return to the workplace. To me it seems dishonest to tell them that you plan to return when you have no intention of doing so.