I have worked for the same company since 2005, and had a solid career with them. In 2015, I was relocated into a position and signed a one-year contract, which should technically end soon. I have multiple reasons to feel less satisfied with the position and to be considering alternatives; however, have been determined to keep my agreement and pass the one-year mark (which I will do).
That said, in this last year, I have taken a 14-week maternity leave, which was partly paid, vacation, and partially unpaid. Do you know this affects my “one-year” tenure in the position, particularly the unpaid leave (which I believe was 5 weeks)? I would like to give them a decent notice if I should decide to leave the position (which I think is likely), but I also want to make sure that I have surpassed my one year mark officially.
Could you tell me whether the unpaid leave (or any of the above) would be factored out of my one-year time-frame? It is not explicitly written in the contract.
As a side-note, I am achieving positive results, yet have a strained connection with my boss.
I’m 90 percent sure that the leave, which was FMLA approved (I assume–correct me if I’m wrong) still counts towards your time in the position for this purpose, as the contract probably says 1 year, and nothing else (since you said it’s not explicit). The extra two weeks were not FMLA approved, since that maxes out at 12 weeks. Now, if they were going to say that didn’t count towards the year, they’d have to say that for all leaves (jury duty, personal leaves, etc), and not just FMLA leaves. (Congratulations on the baby, by the way!)
I’ve never heard of relocation repayment requirements ever being extended because of a leave of absence, but, honestly, nothing surprises me now. So, I’ll throw this out to my readers (since they did such a fabulous job with the last one and I even got two of my favorite lawyers to write posts about my post–Jon Hyman’s Can an employer prohibit an employee from job hunting during FMLA leave? and Eric Meyer’s Ok, it’s my turn. Can you forbid an employee from job hunting while on FMLA leave?)
On a practical level, unless you already have a new job lined up, it’s unlikely you’ll find one and be ready to start it in the next few weeks anyway. You don’t want to quit your job without a new one lined up, so go ahead and start looking and unless the comments say otherwise, don’t panic about the repayment thing.