🤔 Has anyone else encountered a maternity leave policy with an “indefinite” pay back clause like this one in Ohio? It’s got us feeling a little uneasy about the future.
🤰 My wife is due soon, and we’re weighing our options – return to work and risk an “indefinite” period of pay back or stay home and live on a single income. Tough call!
💼 How do we find out if this policy is legal and how long “indefinite” really means? We want to be prepared without setting off alarms at work.
🔍 Any advice on getting more clarity from our employer without raising suspicions with a not-so-helpful manager?
🙏 Appreciate any insights or tips you might have on navigating this tricky situation!
Possible Solution: Consider consulting with a legal professional specializing in employment law to fully understand the implications of the “indefinite” pay back clause and how to protect your rights. Requesting clarification from HR in a non-confrontational manner could also provide more information without raising red flags.
I have never heard of “indefinite” be used for owing money back. I had heard 6 month…even a year. She should check with the benefits team to confirm what it means. They would most likely be the ones processing it anyways. Congratulations too!!!! Enjoy every minute you have with your baby.
A contract or a policy can’t be that vague or open-ended.
It’s 30 days for health insurance premiums. If she doesn’t return for at least 30 days they can recoup her health insurance premiums that they paid.
But for leave, that’s just strange. How much do they pay, a full 12 weeks regular salary? As regular salary? I don’t see how they can recoup that.
Ask your benefits team… that being said at the; I highly doubt that is enforceable as written anyway though.
Doesn’t sound enforceable. I’d try asking in a legal sub
I agree it’s unlikely to be enforceable past 6 months or at all with how it’s worded (NAL). Perhaps she knows someone who was on FMLA and quit within 6 months and can ask them if they had to repay if she’s not comfortable asking HR?
What that sounds like to me is that if she quits during or immediately after her maternity leave, she owes back whatever of the 12 weeks she was paid. AKA she needs to go back to work for a short period before quitting if that’s what you guys choose.
[Not HR advice]
Is the phrasing referring to a set of benefits? If so, it may be that each separate benefit has a different (and stated) claw-back period.
For example, FMLA permits claw back for some payments if the person doesn’t return for 30 days. The company may set a separate period for other types of payment.
You would need to review the exact documentation and applicable laws.
I think it is safe to assume that if your spouse doesn’t return at all, the company will expect to recover any payments made while she was on leave to the extent legally permissible.
Can we see the whole clause please?
Indefinite sounds like 1 day or 10 years. Would be hard for the employer to argue what an indefinite period is.