Many women face a dilemma over whether to return to work after maternity leave. On the one hand, they might enjoy their work, want to advance their careers, or simply need the money. On the other, they'll understandably want to spend as much time with their newborn child as possible. Unfortunately, many parents want to return to work but find that their income isn't enough to cover the expenses of full-time childcare.
No matter how you feel about returning to work after parental leave, you should know that new parents usually aren't required to return to work after the baby is born.
If you're considering quitting your job after maternity (or paternity) leave, know that the decision involves many considerations, both financial and legal.
What to Consider Before Resigning
Deciding whether to return to work after you (or your partner) has given birth can be a tough call. Every situation has its own considerations and unique set of challenges. But in general, a few questions to consider might include:
- Can you meet your financial needs, and those of your family, if you're not working?
- How will the loss of benefits from your job affect you and your family?
- Is COBRA coverage available, and can you afford it?
- Do you plan on returning to the workforce at some point in the future?
- If your answer to the previous question is yes, how might quitting affect your future job prospects?
Keep in mind that if you quit your job, you probably won't be eligible for unemployment benefits, but check your state's rules just to be sure.
Maternity Leave Policies
The United States is one of the only countries in the world with no nationwide laws providing paid parental leave. The only federal statute addressing leave for new parents is the Family and Medical Leave Act (FMLA), which allows employees of covered employers to take up to 12 weeks of unpaid leave for certain purposes, including childbirth and adoption. The law covers employers with at least 50 employees. To qualify for leave, an employee must have been with the employer for at least one year, and must have worked at least 1,250 hours during that time.
Some states have implemented paid parental leave programs, and a growing number of employers are establishing their own programs. Employer-provided parental leave programs often come with strings attached, such as requiring that employees return to work for a certain period after taking leave. These policies sometimes require employees to pay back their maternity or paternity pay if they don't return after their leave expires.
Employer’s Obligations to Pregnant Employees
The FMLA prohibits employers from interfering with an employee’s use of authorized leave. And, employers must hold the employee’s job, or an equivalent job, for them until they return. They are also required to continue providing benefits, including health and disability insurance.
In addition, under the Pregnancy Discrimination Act of 1978, employers cannot discriminate against employees on the basis of pregnancy or childbirth. For example, an employer can't fire an employee or refuse to hire a job applicant because she is pregnant.
In some situations, an employer might be obligated under federal or state law to provide “reasonable accommodations” to an employee who is pregnant or has recently given birth. A reasonable accommodation might include allowing an employee extra time off work for doctor appointments, but it wouldn't include an extended period of leave.
If an employee quits while they are out on leave, the employer must still pay the employee all wages or salary owed to them. The employer cannot withhold an employee’s last paycheck, even if the employee owes the employer reimbursement (discussed below).
What You Might Owe Your Employer
If an employer provides paid parental leave as a benefit, it might require employees to return to work when their leave is over—or be forced to reimburse the employer some or all of the maternity pay. You should check your employee handbook to see if the program includes any obligations on your part.
In addition, if you've signed a long-term employment contract with your employer, your employer can sue you for breach of contract if you quit early.
If you are a member of a union, or otherwise subject to a collective bargaining agreement, you should find out whether it has any provisions about parental leave. You might have an obligation to come back to work or forfeit the benefits you've received.
Unpaid leave based on the FMLA can also create obligations for you. If you continued to receive insurance benefits during your leave period, you might have to reimburse your employer for those costs if you quit when your leave expires.
Options Other Than Resigning
If you are considering quitting your job because you don't want to be away from your new child, you're concerned about the cost of childcare, or for any other reason, you might consider a few other options besides quitting:
- Ask your employer for flexible full-time hours, or ask to go part-time.
- Your employer might allow you to work remotely, which lets you stay home with your child while still drawing a paycheck.
- Offer to perform freelance or contract work on your own schedule for your current employer.
When to Consult an Attorney
If you experienced pregnancy-related discrimination or retaliation after taking maternity leave, contact an employment law attorney to discuss your legal options.