Moms Take Maternity Leave, Then Quit
Filed in archive Careers and Money on October 12, 2007
Interesting column by Charles Wheelan at yahoo finance this week about the phenomenon of women taking maternity leave at their jobs and then quitting the job once the maternity leave is over. They get the benefits of maternity leave, including at least partial pay, often knowing full well that they won't be coming back to the job. Wheelan's position is that this flaunts the maternity leave benefit and that employers should structure it differently so that the pay benefit is actually spread out over the first year AFTER the woman comes back to the job.
First off, I should admit that my own wife did this, and, while it was within her rights, she did feel a little sneaky about it, because of course her boss and co-workers planned on her being back and her boss wasn't too happy about her quitting without getting much advance notice. (Of course if she'd given advance notice then she wouldn't have been able to get the maternity leave benefit in the first place.)
I'm not sure how I feel about Wheelan's suggestion. Yes, employers don't like it when women use their maternity leaves as a paid vacation and then quit. So it would make sense for them to structure it differently. On the other hand, one of the ways an employer woos new employees is via the benefits offered. If one employer says "we'll give you X benefits for maternity leave, but you only get them after you come back from leave," while a second employer just gives the straight benefit with no conditions, a woman who may be considering having a baby in the next few years will find the second offer more attractive (assuming all other things about the jobs being equal). Like many benefits, each employer needs to consider how generous to be.
It's an interesting topic. I know that my wife & I didn't like "pretending" that she was coming back, but the reality was that the benefit was structured in such a way that she couldn't tell the truth if she wanted the money (and we needed the money). From one perspective, you feel unethical, but from the other perspective you feel like you're playing by the rules that the employer set. And in a time when employers aren't so loyal to employees, it's not too difficult to justify the behavior to yourself.
Thoughts?

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Response from:
Mark
(10/12/07 12:38pm)
If you knew in advance, having no intention of coming back, then you are defrauding or in breach of contract with your employer. This is entirely different from having a change of heart during or shortly after your leave, as exemplified in the article's "Bob" example. In either case, the employee is entitled to the statutory minimums, and it is within employer's rights to structure any excess benefits any way they want, perhaps similar to hiring or retention bonuses or benefits for employees.
Response from:
Mark
(10/12/07 12:40pm)
If you knew in advance, having no intention of coming back, then you are defrauding or in breach of contract with your employer. This is entirely different from having a change of heart during or shortly after your leave, as exemplified in the article's "Bob" example. In either case, the employee is entitled to the statutory minimums, and it is within employer's rights to structure any excess benefits any way they want, perhaps similar to hiring or retention bonuses or benefits for employees who stay on or come back.
Response from:
Susan
(10/24/07 11:22pm)
I think it's a good idea to structure maternity leave as a retention benefit - or at least have an increased benefit if the employee comes back for a period of time afterwards. To me, it is dishonest to pretend you are coming back if you are not - ethics should not be sacrificed for financial gain. and it doesn't just hurt the employer. Where I work, there seems to be someone always on maternity leave, and the rest of us have to carry the weight while they're out. If you don't plan to come back, tell someone so your replacement can be hired and I don't have to work extra hours to cover you. sorry if I sound bitter, but it has become pretty annoying.
Response from:
jj
(11/26/07 5:27pm)
Maternity leave in the U.S. is pathetic. I don't have children but I think it's sad that it's so short and mostly unpaid (or a low percentage of your income). At the same time, I don't think it's fair for other employees to carry the burden for someone who lies and isn't planning to come back to work. In those 3-4 months, the company could have hired and trained someone else. Instead, other employees have to carry the load for 3-4 months plus the time it takes to hire/train a new person. I do think it's a fair benefit if the mother does return to work. After all, we should cover for each other in times like this and on sick days, vacation etc..
Response from:
Stay home MOM
(02/16/10 2:15pm)
Uhh Sorry if you think maternity leave is a paid vacation...then you must be able to afford a nanny or daycare! Secondly sometimes when you actually realize the amount of money that daycare costs, most women reconsider going back to work. I certainly would not feel sneaky about collecting benefits that are allocated to me, as Mat benefits are earned prior to your leave...Are you kidding me about restructuring payments...no one would be able to afford kids that way! You get once chance in life to try and raise your kids properly, work can wait!
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