Help with Work Situation UPDATE IN REPLIES

[genet313]

So...I need some help with a work situation.  

I'm on maternity leave (unpaid) until June 1.    I was paid for 6 weeks and the rest has been unpaid (about 4.5 months total).   I've been responding to emails and such, but mostly just forwarding things that come in from clients to people covering for me.   No actual work done, b/c, um I'm on unpaid leave.

Today, one of the partners asked me to do some work.  It's substantive and would not be inconsequential.  I'm at home with a child who doesn't nap more than 30 minutes during the day and doesn't go to bed until 8:30-9, so I'd be doing this during my "me" time.

This partner is, frankly, a bit of a douche.  But he really lets me just handle stuff on my own with no oversight (which I prefer), he's got great clients, and I love the work that I do for these clients, including this client in particular.  

But, again, he's a douche and I don't think he's just oblivious to the fact that I'm on leave (I work at a small firm, there are less than 20 attorneys, he has to walk past my empty, dark office every day).  I frankly think he's just being a douche.  I don't think they're that understaffed that my help is so desperately needed...he didn't even say that in his email.  He just asked "can you jump on this?" w/ no background, nothing.

How should I respond?  DH thinks I should remind him that I'm on unpaid leave and not do it at all, but I'm torn as to how to handle this.   And if I do refuse to do it, how do I word that email?  

PDQ, I may delete some details.

[lime]

Your H is right. Respond with "I am on unpaid leave until June 1. Please ask (insert a name or two here) in the meanwhile."


The advice you didn't ask for - stop answering your emails and turn out of office on. Again reference your leave and state when you will return.

[vanillacourage]

I would say "I'm on unpaid leave until June 1st so I won't be able to manage the project, but if you'd like I'll schedule a short debrief by phone for ____ so they can jump in."  15 minutes on the phone (if that can get it done) is a good compromise. 

[Deleted]

I agree with everyone else.

BUT. If you can/ want to do the work (you sound torn), could you offer to do the work and 1) extend your maternity leave the same amount of days; 2) or be paid hourly for the work?

[v]

Do you know whether you're on the firm's malpracatice insurance while you're on leave? If you aren't, that would be a great excuse to say no.

Otherwise, is there an understanding with HR/the firm generally that you would not be working during the time? If so, I'd regurgitate that back at him.

I think it is important to say no (and firmly) because if you give him an inch, he'll take a mile.

ETA: email --

Dear [   ]:

I am currently on unpaid leave and [am not covered by the firm's malpractice insurance/don't have the time to take on assignments/can't take on assignments] but I would be happy to assist after I return to the office on June 1.

[dirtyred]

Apr 22, 2015 21:50:08 GMT -5 lime said:

Your H is right. Respond with "I am on unpaid leave until June 1. Please ask (insert a name or two here) in the meanwhile."


The advice you didn't ask for - stop answering your emails and turn out of office on. Again reference your leave and state when you will return.

All of this x1000.

[ECB]

Apr 22, 2015 21:50:08 GMT -5 lime said:

Your H is right. Respond with "I am on unpaid leave until June 1. Please ask (insert a name or two here) in the meanwhile."


The advice you didn't ask for - stop answering your emails and turn out of office on. Again reference your leave and state when you will return.

And put a contact person's name down.  "Please contact ___ for assistance". 

[ECB]

Apr 23, 2015 5:50:04 GMT -5 v said:

 if you give him an inch, he'll take a mile.

This.  If you say yes to this, then another request will come in and then another.  Shut it down now.

[kadams767]

Ditto everything v said. My firm is VERY strict about working (aka NO WORKING, PERIOD) while on leave, because it opens up a lot of potential liability issues.

[genet313]

Apr 22, 2015 21:50:08 GMT -5 lime said:

Your H is right. Respond with "I am on unpaid leave until June 1. Please ask (insert a name or two here) in the meanwhile."


The advice you didn't ask for - stop answering your emails and turn out of office on. Again reference your leave and state when you will return.

I have an out of office on that's what drives me most nuts. I will let him know I'm not doing it.

[genet313]

Apr 23, 2015 5:50:04 GMT -5 v said:

Do you know whether you're on the firm's malpracatice insurance while you're on leave? If you aren't, that would be a great excuse to say no.

Otherwise, is there an understanding with HR/the firm generally that you would not be working during the time? If so, I'd regurgitate that back at him.

I think it is important to say no (and firmly) because if you give him an inch, he'll take a mile.

ETA: email --

Dear [   ]:

I am currently on unpaid leave and [am not covered by the firm's malpractice insurance/don't have the time to take on assignments/can't take on assignments] but I would be happy to assist after I return to the office on June 1.

No understanding that id actually work. Other partners have not asked me for anything. I'd love to respond with the malpractice thing but I doubt they took me off.

[genet313]

Apr 22, 2015 23:15:20 GMT -5 @idaholakelady said:

I agree with everyone else.

BUT. If you can/ want to do the work (you sound torn), could you offer to do the work and 1) extend your maternity leave the same amount of days; 2) or be paid hourly for the work?

You know I was torn last night but not anymore. Everyone is right. And I feel like if I give in, not only will it open the floodgates for my own leave it will set a precedent for other ladies and that's not good.

[AAM2012]

Our system won't even LET you check your email while out on maternity leave (or STD leave) so there is no issue there.

[ECB]

To add- I don't know how often/ how quickly you are checking your email/ forwarding it, but after you reply to the douche, DON'T check your email for awhile after that!!!! At least anything from him. Specifically to show that you aren't available as readily as he may think you are. Just so that if he replies w/ a "I really need you to do this" and all he gets are crickets... that's on him.

[AAM2012]

Apr 23, 2015 8:54:04 GMT -5 @littlemoxie said:

Apr 23, 2015 8:28:16 GMT -5 AAM2012 said:

Our system won't even LET you check your email while out on maternity leave (or STD leave) so there is no issue there.

But hers does... so this is completely inapplicable.

OP - if you agree to do this (or anything for anyone), you will work for free until June 1.  I know you've made up your mind, but keep reminding yourself of that if/when it happens again.

Regarding how much you like working for this guy's clients, I'd just show up on June 1 and be very enthusiastic.  "Thanks for thinking of me while I was out, I'm back and ready to work!  Do you have anything you need help with right now?"

You're right however I guess part of my post didn't show as I added: "I highly suggest you stop checking your email completely until you return. There's no reason to even think about work when you're on leave."

[v]

Apr 23, 2015 8:54:04 GMT -5 @littlemoxie said:

Apr 23, 2015 8:28:16 GMT -5 AAM2012 said:

Our system won't even LET you check your email while out on maternity leave (or STD leave) so there is no issue there.

But hers does... so this is completely inapplicable.

Also, STD is entirely different from an unpaid leave as it is often paid for by an insurance carrier on the basis that you are currently medically unable to work and, therefore, working during STD can amount to insurance fraud.  Which may very well be why there's a system in place to prevent you from working.

[RandZB]

We are 100% not allowed to work while on leave. We shouldn't even access our email. Someone else should handle it while you are out.

[genet313]

UPDATE:  Emailed partner all "sorry, not sorry, but no" and he totally apologized bc he meant to send the email to someone else with a very similar name as me.  Whoot.  Free til June!

[4speedy]

Apr 23, 2015 8:28:16 GMT -5 AAM2012 said:

Our system won't even LET you check your email while out on maternity leave (or STD leave) so there is no issue there.

When I went on STD to cover my maternity leave, I was very specifically told that I could only contact coworkers for social reasons and NOT to use my company email for any reason, even to check in socially with work friends.  I was told this is because my company did not pay my wages during leave, their insurance company did.  The insurance company paid my wages based on the fact that a doctor said I was medically not able to work.  Even just one work related email would open both the company and me up to charges of insurance fraud.