What Happens If I Don’t Return to Work After Maternity Leave in California?

Pregnancy and childbirth can raise many questions about your future, including employment needs. It is understandable if you are considering a job change and are wondering, “What happens if I don’t return to work after maternity leave in California?”

The short answer is that you can quit after maternity leave in California. Your employer may ask you to repay some employer-paid benefits, but you generally do not have to repay state benefits like State Disability Insurance (SDI) or Paid Family Leave (PFL).

Attorney Emanuel Shirazi understands the importance of handling this question with care. He has over 23 years of dedicated experience representing employees only. He has handled hundreds of pregnancy discrimination cases and hundreds of cases involving wrongful termination, demotion, reduced hours, denied promotions, pregnancy accommodation denials, and unlawful retaliation. He recognizes that each case is unique, and ultimately, it is important that you do what is right for you and your family.

Legal Considerations: Not Returning to Work After Maternity Leave

Deciding not to return to work after maternity leave is a personal choice, but it does come with some legal considerations, especially in California. You may decide not to return to work because that is what is right for your family, because you are having trouble finding childcare, or because you have experienced discrimination. Knowing your rights and responsibilities can help you make a confident, informed decision while avoiding any unintended consequences.

First, know that California is an at-will employment state. This means that you are generally free to leave your job at any time, just as your employer can end your employment for lawful reasons. So, if you decide not to return after maternity leave, you are legally allowed to quit. However, there are a few things to keep in mind.

Employer Paid Maternity Leave Benefits

If your employer provided paid maternity leave benefits beyond what is required by state programs, they might have specific conditions attached. For example, some companies offer paid parental leave with the expectation that you will return to work and stay for a certain period. If you do not return to work, your employer may ask you to repay the benefits, including company-paid salary, bonuses, or health insurance premiums.

Asking is not the same as being allowed to collect. Read any repayment agreement you signed before you pay anything back. A California law called AB 692 limits when employers can make you repay money if you leave. It applies to agreements signed on or after January 1, 2026, and it sets strict rules for bonus repayment.

Health Insurance

Another legal consideration is health insurance. If your employer continued paying for your coverage while you were on leave and you didn’t return, they might have the right to recover those premium costs. If your employer is covered by the federal Family and Medical Leave Act (FMLA), the rules for recovering premiums are narrower. The employer cannot recover them if you could not return because of your own serious health condition or other reasons beyond your control. It also cannot recover premiums for any time you were on paid leave.

State Benefits

State-provided benefits, like California State Disability Insurance (SDI) and Paid Family Leave (PFL), generally do not have to be repaid if you choose not to return. These are benefits you’ve paid into through payroll deductions, so they are not typically tied to your decision to resume work. PFL gives you up to eight weeks of partial pay to bond with a new child. In most cases, that is about 70 to 90 percent of your wages, up to a weekly maximum of $1,765 for 2026. You can take it within 12 months of your child joining your family.

Unemployment Benefits

You may also consider how quitting might impact your eligibility for unemployment benefits. In most cases, voluntarily leaving your job means you can’t collect unemployment. However, exceptions may apply if you left for good cause. The Employment Development Department (EDD) says that means a real, substantial, and compelling reason, such as unsafe working conditions. You usually must also show you tried to keep your job first.

Discrimination at Work

If you are considering not returning due to unresolved issues at work, like feeling discriminated against during pregnancy, it may be helpful to document your experiences. In some cases, leaving work after facing unfair treatment could support a legal claim. Understanding whether your workplace rights were violated can affect how you choose to move forward. You can also file a complaint with the California Civil Rights Department.

Shirazi Law Firm is never afraid to take on any size employer. Mr. Shirazi is an active CELA (California Employment Lawyers Association) member and contributor, serves on the Los Angeles County Bar Employment Law Executive Committee, and is a frequent speaker on employee rights. He takes cases to trial whenever necessary to protect his clients, resulting in verdicts and settlements totaling over $100 million (including landmark victories of $2.4 million, $1.6 million, $1.25 million, $1.2 million, $1.1 million, and more).*

*Past results do not guarantee future outcomes

When to Give Notice

Ultimately, if you decide not to return to work after maternity leave, try to give your employer proper notice. While it’s not always legally required, doing so can help to maintain a positive relationship and leave the door open for future opportunities. Notice can also affect when you get paid. In most cases, your final wages are due on your last day if you give at least 72 hours’ notice. If you give no notice, they are due within 72 hours. Your final check generally must include any unused vacation time.

Frequently Asked Questions

Can You Quit After Maternity Leave in California?

Yes, you can quit your job after maternity leave in California because California follows at-will employment laws. Your employer may ask you to repay employer-paid benefits, and quitting without good cause usually disqualifies you from unemployment benefits.

Do You Have to Pay Back Maternity Leave If You Don’t Return to Work in California?

In California, if you choose not to return to work after maternity leave, your employer may request repayment of employer-provided benefits, such as supplemental pay or company-specific maternity leave payments. State-provided benefits like California State Disability Insurance (SDI) or Paid Family Leave (PFL) are generally not subject to repayment.

How Long Is Your Job Protected After Maternity Leave in California?

In California, your job may be protected during maternity leave under the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL). PDL provides job protection for up to four months if you’re unable to work due to pregnancy or childbirth-related conditions. After PDL, CFRA allows for an additional 12 weeks of job-protected leave to bond with your new child, if you are eligible.

Should I Tell My Employer I Don’t Plan to Come Back to Work After Maternity Leave in California?

In California, if you’ve decided not to return after maternity leave, it’s generally a good idea to let your employer know, though you’re not required to say anything until your leave ends. Be sure to check your company’s policies, especially if they provide paid benefits, as you may need to return for a certain time to avoid repayment.

What If I Can’t Return Because My Employer Denied My Pregnancy Accommodations or Retaliated Against Me in California?

In California, if employer retaliation, demotion, or failure to accommodate your pregnancy is forcing you out, you may have grounds for a legal claim. Shirazi Law Firm exclusively represents employees in these disputes. If you hire our firm, Emanuel Shirazi will actually handle your case himself. He will never hand it off to an inexperienced junior lawyer.

How Much Does It Cost to Hire an Employment Lawyer?

At Shirazi Law Firm, all cases are handled on a contingency fee basis. Shirazi Law Firm pays all case costs upfront, and you pay zero employment attorney fees unless we recover compensation for you.

Speak With a Trusted Employment Lawyer Today to Learn More

If you have further questions about the legality of leaving your job after maternity leave or need support with a tricky situation with your employer, consider reaching out to a trusted employment lawyer from the Shirazi Law Firm today. Strict statute of limitations deadlines apply to employment law claims in California, and waiting too long can permanently forfeit your right to recover damages.

In an initial consultation, a lawyer will listen to your situation and help you make informed decisions on the next steps that make sense for you and your well-being. Do not hesitate to reach out as soon as you are able. Our team has an office in Beverly Hills on Wilshire Boulevard.

Call Shirazi Law Firm at (310) 400-5891 or schedule a free case evaluation.