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How to handle new job start date that falls after I leave for maternity?

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pregnant7

Junior Member
I have received a new job offer (increased pay and benefits) with my same company. Problem - the start date in the offer letter is 99% likely to fall after I leave office for maternity leave (which is covered under STD policy) - by a matter of weeks. My STD policy states all pay/benefits reflected during STD are those in effect the day previous to the first day of disability leave. I have asked my employer to provide me a new offer letter with an immediate start date such that 1) my job is not in limbo during STD and 2) that I start receiving the benefits of my new position even while I am on leave. Otherwise, the way I read the STD policy is that while I have the job offer in writing, if I take 6 weeks post baby delivery of STD plus FMLA, my new job will not take effect until I return to work, which is a total of about 3 months after the baby is born. If this is true, this feels like discrimination to me as we all know I am heading out for maternity leave very shortly.
My HR department does not seem willing to change the start date to immediate, rather giving me words of assurance that I will be "OK." What is that supposed to mean. I feel like it is HR's way of sort of ignoring me (the problem) until I go out on leave and then it is too late and payroll will not execute increases in salary (at least that is the way I read the STD policy). When I spoke HR, she played dumb, saying she never dealt with this type of situation, which I find tremendously difficult to believe.
Question: am I being too aggressive asking for this new immediate start date? The only alternative I can think of is to write in the offer letter, my new job will take effect regardless of if I am on maternity leave. I don't like that statement because I work for a large company and I think that statement in the offer letter is even less likely that getting the start date changed.
Otherwise I lose out on several months of new pay and potentially have my job in limbo as technically I will not have started the new job bc I will be out on leave.
What are my options? Thank you.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
why should you be paid the higher rates and benefits when you have never worked in the new position?

Question: am I being too aggressive asking for this new immediate start date?
I believe so.


The only alternative I can think of is to write in the offer letter, my new job will take effect regardless of if I am on maternity leave
based upon your statements, the current pay will still be what your STD is based on anyway.

They could simply rescind the offer altogether and you would return to your current position. This is something you are going to have to negotiate with them as there are no laws requiring they do anything other than return you to your current position based on FMLA (of course presuming you come back before FMLA leave expires).
 

abunk

Junior Member
STD/LTD are insurances provided normally by an insurance company partnered up with your company to help provide rates that you can't normal get privately. One of the more popular STD/LTD companies would be Aflac. The price of the insurance is base on a percentage of your salary. So, if you make $6,000 every two weeks and STD covers 60% of your pay, Aflac will send you a check of $3,600 over that same two week period. This isn't money provided to you by your company. So, if your new pay starts after you're already on STD, the increased cost in the insurance hasn't been paid to Aflac for them to justify paying you at the new rate. As far as discrimination goes, I don't think you have a case, because your company isn't you can't have the new position because your pregnant. They're just saying if your on STD when the start date comes, you can just start the position when you return. There could be several different reasons for them not moving the start date up for you. One of the most common one's would be if you're union. In this case there might be clear cut rules regarding promotions and start dates in your CBA, which legally ties their hands. If you are not union, it could be anything from them not wanting to show special treat toward you, which would make others feel discriminated against; or maybe the position you are taking is still filled by the person leaving said position, and they can't afford to pay you both. I'm not lawyer so I definitly could be wrong. This just sounds like a case of unique timing. Good luck, and congratulations on your new baby and new position.
 

pregnant7

Junior Member
Yes, this is what my main concern is. If I take more than 3 months off work, and my company decides to take back the offer because I am taking too much time off. Hence why I prefer the start date earlier. You never know if complications (hopefully not) arise at birth and while I plan a relatively short leave, you never know. If I take longer, they may get anxious and hire someone else instead. I think I will still try to negotiate the date earlier. And BTW, I've already started the new position since it was announced last week and after announcements the team members come to me expecting me to perform in my new position - so technically I am already doing the job.
 

justalayman

Senior Member
depending on the position, they may be able to legally rescind the placement even with FMLA protections even if they officially place you prior to your leave.

- so technically I am already doing the job.
so, you are officially in that position and receiving the pay and such? Then what is the problem?

Oh, you aren't officially in that position. Well, that is what counts.
 

pregnant7

Junior Member
No, technically not in the position yet, but it is quite similar to what I am already doing and since it was announced last week, everyone expects you to perform that new position already - even though in the announcement it read, official start date of August 1st. One is not going to say no to new team, and say, "well, I don't start until 1 August." You just don't do that. Sounds like the fact that I am already doing the work is the appropriate justification for changing the start date rather than fussing about maternity leave. But, it seems that IF they wanted to and did not change the start date, I could be out of that new job upon my return.
 

abunk

Junior Member
There is no harm in asking for a earlier start date. So, do it asap. But, just because team members are coming to you as if you are already in the new position doesn't mean your boss expects you to fill the position. "team members" are not your employer. As far as the rest of it goes, your living in hipotheticals. If you do everything in accordance with FMLA, STD or LTD policies, and state/federal employment laws, and you return to work under different provisions then what was agreed upon before you left, then go after your employer. But, until then try to assume they are going to follow the law and any agreements made themselves. If for some reason there are complications during your pregnancy, and your protection under state and/or federal law expires, try to give your employer a heads up. Maybe they will work with you, maybe they won't. It may sound unfair if they let you go, but companies are generally in the business of making money. Without employees, it's hard to operate, and make that money. As long as your company is in compliance with the laws, and makes its best efforts to accommodate, what more can you ask?
 

ajkroy

Member
OP, has it occurred to you that taking less time might off benefit you more in the long run? This might be your employer's way of enticing you to return in less time.
 

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