Anonymous wrote:So I am currently on paid maternity leave for 5 more weeks. During maternity leave, I received a job offer from an in-house position that I applied for a while back. Although it is a small pay cut, the work/life balance will be great with the baby and I no longer have to deal with my d!c& of a boss. I would start at the in-house position immediately after my maternity leave ends at the firm (there's no room to move the start date whatsoever). Should I go back to work at the firm 2 weeks early to have enough time to give them my 2 weeks notice, or just let them know I won't be coming back a all?
Luckily, all my cases were transferred to others prior to my maternity leave, so I maybe have a few hours of closing up/tidying up matters. Maybe I give 1-week notice since I won't have 2 week's worth of work to do? I don't want to be rude and quit without a full 2 week notice, but it really is the perfect time since I wouldn't have to transfer matters.
I checked HR docs regarding maternity leave benefits for attorneys, and there is nothing about having to pay back maternity leave pay if I don't come back (ie silent). However, the handbook for other employees (staff) says that employees must return to work after maternity leave, or will be required to pay back. It does not give a day limitation, so I presume if you work for 1 day, that counts as coming back to work. Since the attorney handbook is silent, I'd like to at least clinch that 1 day of work to be on the safe side.
Any advice would be appreciated.
Because you have accepted other employment, working one day at the firm will not give you the protection you want. You crossed into a gray area as soon as you accepted to other position. Once you accpeted alternative employment you knew that you would not be returning to the firm. Once you accept a new position your duty of loyalty to your employer requires that you inform them you are leaving. How quickly you have to inform them will be a fact based determination.
Here is the upside, since you are not leaving to go to a competitor, they are less likely to come after you. You have a good story to tell, you went on leaving thinking you would return, this opportunity presented itself, while it is less money it is also less hours, which is what you need right now, so you have changed your plans and will not be returning to the firm. If you play this right, which means you exit in a way that doesn't leave the powers at be think you "tricked" them by taking maternity leave to job search, I think you will be fine.
How much notice do att ones at your firm normally provide? At my firm, associates tended to provide 4 weeks notice (even people who are not doing well at the firm will give two weeks notice).
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