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quitting while out on leave Massachusetts

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  • quitting while out on leave Massachusetts

    Hello,

    I am new to this forum and have a few questions. I work for a non-profit that doesn't have enough employees to offer FMLA so I get paid short term disability for 11 weeks as my maternity leave. I was wondering what would happen if I decide to quit while I am out on leave.

    To give a bit of background I am currently increasingly stressed at my job and they ask way to much of me and I would leave tomorrow if finances permitted me to do so. It also seems that they are ready for someone new in the position because my supervisor told me the other day "off the record" that they are thinking of offering my position to someone else temporarily while I am on leave which to me is his way of telling me that they plan on firing me once I get back from leave since they can't do so now that I'm pregnant. I know this because my position is the only one in the agency and as far as I know they don't have enough in the budget for two people in my position.

    So basically I am wondering if I can use them the same way they are using me and work up until it is time for my leave, take the 60% they give me while I'm out and as my time comes close to an end give them my notice that I won't be returning. If I do so will there be any repercussions?

    Thanks so much in advance for taking the time to read and offer suggestions

  • #2
    What kind of repercussions are you concerned about?

    One very immediate repercussion is that you will not be eligible for unemployment. Another potential repercussion is that they can, quite legally, tell prospective employers that you quit with no notice after a leave.

    One thing many people have asked about will NOT happen; you will NOT have to pay back short term disability benefits. I cannot make the same promise about health insurance premiums.

    Are there other concerns?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Thank you for such a fast response this is very helpful. I am not worried about health insurance since I am covered through my school and would hate to technically leave on not so great terms since they can tell future employers that i left without leave but i guess it will be worth it. Was basically wondering if they could legally ask for the money from short tem disability back or anything else I may not have thought of.

      Thanks again

      Comment


      • #4
        cbg answered your question above.

        To add a thought, your employer may have simply been telling you that they are bringing someone in to replace you while you are gone.

        Comment


        • #5
          i guess another question i had was whether it was legal for them to "temporarily" give my position to someone else while I am out. I am assuming the answer is yes since I can't prove they would be firing me when I got back from leave but wanted to see what other's thought.

          Thanks

          Comment


          • #6
            It is perfectly legal to replace someone temporarily while they are on leave. Employers need to keep their businesses running and this is one way to do that.

            Comment


            • #7
              Just because they bring someone in to do your work (which must be done) while
              you are on leave doesn't necessarily mean they are going to fire you when you
              return.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                OP, what is the upside of your plan? As the other responders have indicated, many, if not most, companies would hire or assign a replacement worker to handle your job duties during your extended absence. Such hiring or assignment does not necessarily mean the company will fire you.

                But, if the company does fire you after you have completed your leave and are physically able to work, then you can apply for unemployment insurance benefits. In light of the prospect of receiving benefits to help bridge the gap period of possible unemployment, why would you quit at the end of or during the time you are on leave?
                Last edited by ESteele; 11-02-2011, 01:27 PM.

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                • #9
                  Agreed. If you want to start looking for another job now, do so, but do not quit. Quitting always hurts you and never helps you. It is always easier to find the next job if you still have the last job.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    thanks again for all of your input. i may have put a little bit too much thought into having a replacement thanks for calming my nerves a bit

                    Comment


                    • #11
                      You're welcome - good luck to you & congrats on your pregnancy.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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