Find management, clinical, and paraprofessional positions in healthcare, nursing,
financial, construction, architecture, manufacturing and legal fields.

Employment Today™


"WHEN NEW MOM CHANGES GAME PLAN, POTENTIALLY NASTY CONSEQUENCES AWAIT"

Dear Kathryn:

I should be at my happiest, enjoying my new baby and instead I'm having nightmares about my employer.

When I took my paid maternity leave three months ago, it was with every intention of returning at the end of my leave. I'm scheduled to return to work next week and am strung out over telling my boss I've changed my mind. My husband and I have decided I should only work part-time and I've arranged for another job that will allow me the flex hours I want. Knowing that my boss would never allow me to work part-time, I didn't even bother approaching him about it. As my boss grilled me mercilessly as to my return to work date, I know he's going to be very angry when I tell him I'm not returning next Monday.

Here's my worry-I think my employer may try and insist that I'll have to repay the company the salary I collected during my leave. They also paid for my medical and dental these last three months. Will I have to reimburse them for that? Can I elect to take the COBRA coverage? I hope there's nothing more in problems waiting for me I haven't already thought of!

FRAN R., Bridgeport, CT

Dear Fran:

You've got a couple of good questions going here, so here goes.

After consulting both the Federal Regulations 29CFR, Section 8256.213 and labor specialist Attorney Henry Zaccardi of Shipman & Goodwin, you need to do some further investigation into your company's personnel policy to fully understand your liability. If your employer has a policy of paid maternity leave only if you return to work, you'll probably be asked to repay your salary. If there is no stated policy, you're home free. If there is a stated policy, in reality it's unlikely your employer would sue you as the legal costs alone would probably amount to more than what you were paid for the three months.

As for the paid medical benefits you've received, here's the scoop: If your company consists of at least fifty employees and designates your maternity leave as part of their "Family & Medical Leave Act", they are entitled to recoup the premium costs they paid. As for the COBRA coverage, they're responsible to offer it.

One last item you didn't bring up: Leaving your employer in the lurch. I suggest some serious thought as to how you're planning on ever using your ex-employer as a reference. You're giving him no notice and haven't even offered to work part-time while he regroups. Even if he didn't take you up on your offer, it would be the professional thing to do. Think about it.

Dear Kathryn:

My company laid off over 30% of it's employees in my branch last year. I'm the sales manager, and naturally wasn't affected by the layoff and don't expect to be affected even if there are future cutbacks. My wife disagrees. She says that if the company cut back once, they may do so again and I should look for a new job. I say as sales manager, I control their most valuable commodity, their sales people that generate revenue and there's no way I'd be cut. Do you think I have a need to be worried? I say I create my own paycheck.

STEVE U., Chicopee, MA

Dear Steve:

As a sales manager, my bet is you're getting a good base salary, a cut on what your sales staff earns, plus commissions on whatever you close.

If your sales staff is well trained, experienced, and can potentially do a decent job without your guidance and mentoring, consider yourself very vulnerable. If your company's CFO is looking to cost cut, you would be a most definite target. Why wouldn't he grab your salary and your override if the sales staff can limp along without you?

I'd look carefully at what you are actually generating in revenue and possibly contemplate a more active sales role, letting go your weakest sales staff. CFO's in cost cutting modes are likely to look at every possible place to cut and you need to think like him in order to understand your job security or lack of it.

Dear Kathryn:

I'm the warehouse manager supervising three shifts. Up until now, we used to allow a flexible schedule where employees could work the hours of their choice as long as the shifts were covered. A new policy was just announced that employees will be assigned set hours with no flex options.

I know I'm going to lose at least half my people as the flex schedule is what motivates my staff to work for such meager wages. I'd at least like to assure them that they would get unemployment compensation if they need to quit. What's the answer?

RON R., Stonington , CT

Dear Ron:

You can deliver the news they'll be able to get unemployment. The unemployment compensation rules state that "if there is good cause attributable to the employer" as to why the employee left (lowering of wages and serious hour changes fall under that category), the ex-employee can collect.