What Happens If I Don’t Return to Work After Maternity Leave in California? 2025

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 lawyers at the Shirazi Law Firm understand the importance of navigating this question with care and nuance, as each case is unique and individual, but ultimately, it is important you do what is right for you.

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.
No matter your reasoning for this decision, whether it is ideal for your family, there is trouble finding childcare, or you have experienced discrimination, as we know from the NIH study that showed 23.9% of their participants had experienced pregnancy discrimination, knowing your rights and responsibilities can help you make a confident, informed decision while avoiding any unintended consequences.

First, it’s important to understand 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.

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.

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.

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. Again, this depends on your company’s policy, so it’s helpful to check the details in advance.

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 relate to a legal claim. Understanding whether your workplace rights were violated can affect how you choose to move forward.

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 a valid reason, such as unsafe working conditions or a serious need to care for your child.

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.

Preguntas frecuentes

Q: Can You Quit After Maternity Leave in California?

A: Yes, you can quit your job after maternity leave in California. You’re not legally required to return, as California follows at-will employment laws. However, if you received employer-paid benefits during your leave, they may ask you to repay those costs if you don’t return to work for a certain period. Additionally, quitting voluntarily usually disqualifies you from unemployment benefits unless you have a valid reason, such as unsafe working conditions or discrimination.

Q: Do You Have to Pay Back Maternity Leave If You Don’t Return to Work?

A: In California, if you choose not to return to work after maternity leave, your employer may request repayment of certain benefits. This typically applies to 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.

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

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

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

A: If you’ve decided not to return after maternity leave, it’s generally a good idea to let your employer know. Giving notice shows respect and helps your workplace plan ahead. You’re not required to say anything until your leave ends, but early communication can keep things professional. 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.

Q: Who Is Eligible for Maternity Leave?

A: In California, maternity leave eligibility depends on your job situation and how long you’ve worked. Most employees are covered if they’ve worked for their employer for a set period of time and meet certain hour requirements. You must also work for an employer with a minimum number of employees. Coverage can include time off for pregnancy-related health needs and bonding with a new child.

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 navigating a tricky situation with your employer, consider reaching out to a trusted employment lawyer from the Shirazi Law Firm today.

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.