Reply to Boss keeps bugging me on maternity leave

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I am not an employment attorney but have familiarity in this area. I’d suggest you send boss an email ASAP and copy your HR manager. Say something like[b] “This is to follow up to the phone conference held at your request on [date], x days after the birth of my child. You asked me if I was returning from maternity leave or would be tendering my resignation. Further, you advised me of the availability of benefits such as Cobra in the event of the termination of my employment.

As I told you during our phone call, I have no present intention of tendering my resignation. I would greatly appreciate it if you would refrain from scheduling further phone calls during my FMLA. If there are any further questions, please send an email. I will do my best to respond in due course.” [/b][/quote]

PS good wording[/quote]

I would drop present intention and just say not planning to resign.[/quote]

NP here.  I disagree.  I think the original wording is important.  OP does not want to get herself into any legal trouble should she find a new job anytime in the next year.  If a good job comes along later in her maternity leave or within the first six months after returning, she has the option of resigning without any cause and she will not have mislead the employer or boss.  If she eliminates that and sometime between now and her return to work, she gets an offer from another employer who had her resume on file or has a similar position to one she already applied for, she could get herself into trouble for having lied or mislead the employer by stating that she was not planning to resign.

And FYI, I looked up the guidelines for FMLA and found the following:
[url]https://www.dol.gov/whd/fmla/employeeguide.pdf[/url]
[quote]Page 8:
[b]Communication with Your Employer[/b]
You will need to inform your employer if your need for FMLA leave changes while you are out (for example, if your doctor determines that you can return to work earlier than expected). [u]Your employer may also require you to provide periodic updates on your status and your intent to return to work. [/u][/quote]

So the boss is not completely out-of-line for her request.  However, her methods of communicating with OP are shady.  If this were above-board, she would have had no issue with sending an email and/or leaving the request on VM for OP.  But the fact that she went out of her way to inconvenience OP just so that there was no documentation of the call, suggests that she was not following company policy or was not authorized to make such a request.  Had this request come through HR, it could have been seen as just protecting the company in the event that OP was considering changing employers.[/quote]

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