Updated at: 08-09-2022 - By: Sienna Lewis

When a woman is on maternity leave, she must decide whether or not to go back to work. This decision is complicated by a number of factors, both practical and legal. The most crucial factor is, of course, financial stability: How much stability in your family’s finances can you maintain if everyone in your household had health coverage? Have you been saving up enough money to last for a while? Will taking time off possibly hurt your chances of being hired in the future?

When making these tough choices, it’s important to keep in mind your legal rights and obligations as a new parent in regards to your employment.

Advice on Going Back to Work after Maternity Leave

Are New Parents Entitled to Accommodations?

Many new mothers feel they cannot or do not want to give up their careers. Of course, some women feel so strongly about their jobs that they want to keep working even when they start or grow their children. You may be concerned, like many other working women do, that a longer leave of absence from your workplace may negatively impact your earning potential and professional prospects. Having a conversation with your boss about your options will help you strike a better balance between your job and personal life.

Employers are not compelled by law to provide any special treatment to parents who want or accept part-time or flexible work schedules. While many states do have laws requiring employers to make reasonable accommodations for pregnant workers, these protections often end once the mother has given birth. If you were hurt giving delivery, for example, the laws in your state might decide whether or not you are entitled to maternity leave.

If your company makes similar concessions for other employees for nondiscriminatory reasons, you may not discriminate based on a protected characteristic. A company cannot, for instance, discriminate against new moms by allowing them to work part-time but not fathers. However, this may not hold true for a company that routinely allows workers to pursue further education or other personal pursuits during work hours.

Even if your company is not legally obligated to make any adjustments, you may still be able to negotiate on the employee’s behalf. If losing a valuable employee is the only option, flexible work arrangements like temporary part-time work, shift scheduling changes that allow for better child care management (such as earlier or later arrival or departure times, working more or fewer days, and so on), working remotely, or reducing business travel may be possible. In other words, never be afraid to put in an ask.

Can I Quit During or After Maternity Leave?

Even if you’ve decided to quit your work, it’s important to think about the legal ramifications of doing so. The first thing you should know is that you are allowed to resign from your position at any time unless specified otherwise in your employment contract. Some women worry that they will be sued if they don’t go back to work after promised they would. Most women would view this as more of a moral and ethical dilemma than a legal one. Unless you are required to remain in your position by a contract, you are free to leave your post at any time (for example, because you signed a five-year employment contract but are only in year two of the position).

However, there could be legal ramifications such as:

  • You will not be eligible for unemployment compensation. Unemployment benefits are available only to those who lose their jobs, not to those who quit voluntarily. Many states have policies that prevent you from receiving unemployment benefits if you have a healthy baby, even if you have to leave your work for personal reasons.
  • You may be eligible for a return of your health insurance premiums. Because of the federal Family and Medical Leave Act, your health insurance coverage was expected to remain in effect during your maternity leave (FMLA). If you decide not to return to work after being absent, your employer is entitled to reimbursement for any costs used in keeping your health insurance in effect. If the company paid your share of the premium because you didn’t, you’ll be responsible for repaying both the company and your portion of the premium. But if you go back to work after 30 days, you lose your right to compensation. Several states’ family leave statutes feature similar financial arrangements.

Check the employee handbook to learn how your resignation will affect your other perks. Consider your vested benefits; will you be able to withdraw the whole amount upon retirement? How much, if any, of a signing bonus can be returned? Understanding the regulations that apply to company vehicles and computers is crucial. You should weigh the costs and benefits of quitting thoroughly before making a decision.

How to Quit While on Maternity Leave

Once you’ve made up your mind to leave, you’ll need to figure out the specifics, such how much notice to provide and why you want to go. You are not need to give any notice, however it is customary to give two weeks’ notice.

What you do here will depend on your desired working relationship with your employer and your expectations of their reaction. It is in everyone’s best interest to provide as much notice as possible so that your employer can recruit a replacement and make necessary preparations. This might be your best bet if you ever need a recommendation for a job.

However, if you inform your employer that you won’t be coming back to work, they are free to let you go and look elsewhere for a replacement. Once your leave of absence ends, your employer must reinstate you to your old position unless you notify them otherwise. Leaving your job could mean giving up perks like paid time off and health insurance. But if you opt for COBRA, you’ll have to pay 100% of your health insurance premiums. Many workers, therefore, are wary of submitting resignations in advance for fear of repercussions.

Here, you’ll need to weigh your financial priorities against what you know about your company and what you think is the ethical thing to do. You should make every effort to hand in your resignation in person, since this will allow you to personally thank your employer and highlight your fond memories of working there. If you want to preserve your professional relationships and may need a reference from your former employer in the future, it’s in your best interest to leave on good terms.

How To Write a Resignation Letter After Maternity Leave

Being a parent for the first time can make you reconsider your priorities in life. If you decide that returning to work after maternity leave is not the best option for you at this time, you can submit a letter of resignation to your employer. Justify your decision to leave the organization, express gratitude for the experience you gained there, and outline any steps you’ll be taking to ensure a seamless handoff of responsibilities. What is a resignation letter after maternity leave, why is it necessary, and is there a sample or template you can use?

What is a resignation letter after maternity leave?

You may decide to hand in your resignation to your employer once you’ve had some time to bond with your newborn. Your resignation from your position(s) at the company is being recorded in this letter.

Some new parents may decide not to return to the workforce after maternity leave because they have been so deeply affected by the experience. There are several factors to consider when deciding whether or not to return to work after having a child, such as the cost of child care, a desire to be a stay-at-home parent, or the opportunity to switch careers.

Why is it important to send a resignation letter after maternity leave?

After returning from maternity leave, you should write a resignation letter and submit it to your employer to inform them of your decision to quit your position. Submitting a resignation letter to your workplace demonstrates both your professionalism and your resolve to leave on good terms. This can be very useful if you ever decide to come back to work for the company.

How to write a resignation letter after maternity leave

Your resignation letter should be clear and concise while still covering all the necessary points. This format makes it easier for hiring managers to skim and understand your resume. Here are the actions you need to take to formally end your employment after maternity leave:

1. Think about why you’re resigning from the position.

Before starting to write your resignation letter, it is a good idea to compile a list of the reasons you are leaving. Once you’re sure of your reasoning, you may use this list as a jumping off point for a more detailed explanation of why you’re quitting. Contemplating your long-term goals can give you the assurance you need to leave from your employment with dignity and pride.

Why you should work part-time after maternity leave

2. Start with a formal greeting.

At the top of the letter, address your boss, HR manager, or whoever will be reviewing it, politely. Initiating a discussion with “Dear Ms. Smith” or “Hello, Mr. Daniels” are only two examples of appropriate greetings. This method keeps things both personable and professional.

3. State your purpose for writing.

The first paragraph of your letter should describe why you’re writing it. First, state that you’ve resigned from your existing position. This helps the reader get a sense of the letter’s purpose as soon as they start reading it.

4. Provide brief reasoning for your resignation.

Your letter’s opening paragraph should explain the situation that prompted you to write. Declare your resignation from your current position as a first step. This aids the reader in gaining an understanding of the letter’s intent right away.

5. Offer your assistance during the transition.

Make sure they have a smooth transition by offering your assistance. Because of the length of your maternity leave, you and your coworkers may have already discussed and planned for your return to work. Any assistance you can provide will go a long way toward making your prolonged absence more manageable. You can help with this transition by offering your presence during the next person’s recruiting or training process.

6. Thank your manager for the opportunity.

At the conclusion of your essay, you should express gratitude to the company for its consideration. Leave on good terms by writing a letter of recommendation to your employer, thanking them for the opportunity. You might highlight a valuable skill or experience gained on the job in your cover letter. Finalize your letter’s content, sign your name, and have the receiver add your name to their address book.

Tips for writing an effective resignation letter after maternity leave

These guidelines can help you transition back into the workforce following maternity leave.

Consider discussing your decision in person or over the phone.

While on maternity leave, you may choose to email your resignation letter to your supervisor or HR manager and ask if there is a good time to talk about it. You can give them a thorough explanation of your stance and why you’re resigning in this way. To facilitate a smooth transition, students can also ask any extra questions they might have at this time.

Include proper formatting.

Prior to sending your mail, please verify its format. Use an 11 or 12 point size for standard fonts like Arial, Calibri, or Times New Roman. The typical format for academic writing is one space between sentences and one inch margins.

Proofread your document

Check for spelling and grammatical errors once you’ve typed your letter to ensure proper presentation. If you want to make sure you haven’t missed anything, read it out loud. It could be helpful to have a trusted colleague or friend have a look at it. Request that they examine the content to ensure it is up-to-date and error-free.

Resignation letter after maternity leave template

Use this template to help you write an effective letter of resignation after returning to work after maternity leave.

Say “hello” to your new boss in this friendly greeting addressed to “[Your Employer’s Name]”.

Include the company’s name and the fact that you’re departing from your role within it in your letter of resignation. Pick the last day you’ll be working here. Just because [you can give a brief explanation of why you’re leaving if you like].

To help ensure a seamless transfer, please [provide your assistance]. Thanks again for the chance to collaborate with your organization.

Sincerely,

Please provide your full name.

Resignation letter after maternity leave example

This sample resignation letter provides useful tips for how to properly communicate your decision to leave your current position.

Greetings Taylor, Jordan

The post of account manager at Brand Solutions, Inc. will be filled as of December 20, 2020, two weeks from today. After giving birth to our first kid in late October, I’ve decided that staying at home to care for my newborn and my husband is in everyone’s best interests.

I plan to go back to work to help with the adjustment for the next two weeks. I will be available for inquiries regarding major projects, the hiring process, and the onboarding of my successor. It is a privilege to serve your company, and I am grateful for the opportunity. The past three years have flown by as I’ve had a joy contributing to such a dynamic team.

Sincerely,

This is Theodore Parker, Jr.

FAQs

How long after returning from maternity leave can I quit?

Without a contract or protection under FMLA, you are free to leave your job whenever you like during your maternity leave. If you resign while still under contract, you are still bound by the conditions of your employment termination agreement. You need to have worked for the company for at least 30 days before applying for FMLA maternity leave.

What happens if I quit my job after maternity leave?

In most cases, leaving your job after maternity leave won’t affect you negatively. However, if an employee uses FMLA leave and returns to work within 30 days, they may be required to repay insurance premiums. Contractors are still expected to fulfill their obligations under the terms of their contract.

Workers who aren’t under contract or eligible for FMLA leave can resign at any time without consequence.

Contract workers are obligated to perform the agreed upon duties throughout the duration of their employment. In the second year of a three-year contract, for instance, quitting is not an option. Early termination of the contract is possible, although it may be subject to certain conditions being met.

Do I have to pay back maternity pay if I resign?

Insurance premiums paid during a maternity leave covered by the Family Medical Leave Act may be recouped from the employee by the employer (FMLA). You will not be required to repay the FMLA premiums if you return to work within 30 days after ending your absence. For those not eligible for Family and Medical Leave Act protections, there are no obligations upon termination of employment.

Remember that the company can demand payment for your insurance if you quit before your contract ends. You are responsible for paying back the insurance company and your own premiums.

Insurance premiums tend to be somewhat pricey. Because of this, it is recommended that you wait at least 30 days before handing in your resignation.

Can you go on unemployment after maternity leave?

Apply for unemployment benefits if you are fired from your job while on maternity leave. However, you will not qualify for unemployment benefits if you resign while on maternity leave. Some states provide unemployment insurance if you qualify.

After taking maternity leave, you may find that your position has been filled. The company’s forced resignation should entitle you to unemployment compensation.

You need a legitimate cause to file for unemployment benefits, not just up and quit your job. Unemployment insurance is designed to aid people whose incomes have dropped due to unforeseen or extraordinary circumstances.

Most of the time, it isn’t a good enough excuse to resign in order to stay at home and raise your kids.

It’s vital that you research your state’s regulations on the subject before submitting an application for unemployment benefits. There are states that provide jobless benefits for deserving individuals. For instance, consider the following compelling argument:

  1. You quit your old job to start a new one.
  2. Something bad happens to you or a loved one, and you need medical care.
  3. You are protecting yourself from possible domestic violence or stalking. For your own safety, you’ve taken this measure.
  4. Your working conditions have been altered, and you’ve seen a decrease in your salary or hours.
  5. Your working conditions have been altered, and you’ve seen a decrease in your salary or hours.

What happens if I’m forced to resign after maternity leave?

You’ve probably had your hours cut or your pay reduced at work.

When to tell your boss you’re not returning from maternity leave?

You must wait at least 30 days after returning from Family and Medical Leave Act-covered maternity leave before resigning from your position. Businesses should finish their tasks as agreed or negotiate new terms for breaking the agreement. You are free to resign from your position at any time during your maternity leave.

Returning From Maternity Leave Can Be A Burden Or An Opportunity | by Ruth Henderson | The Startup | Medium

The kindest thing you could do is take a month off of work. Although two weeks’ notice isn’t required, it’s generally appreciated by employers.

What happens if I’m on maternity leave and get pregnant again?

Getting pregnant while on maternity leave is not uncommon. Once you have another child, you’ll be eligible for more maternity leave. The employer must grant a second maternity leave if requested.

Are New Parents Entitled to Accommodations?

Many new mothers feel they cannot or do not want to give up their careers. Of course, some women feel so strongly about their jobs that they want to keep working even when they start or grow their children. You may be concerned, like many other working women do, that a longer leave of absence from your workplace may negatively impact your earning potential and professional prospects. Having a conversation with your boss about your options will help you strike a better balance between your job and personal life.

Employers are not compelled by law to provide any special treatment to parents who want or accept part-time or flexible work schedules. While many states do have laws requiring employers to make reasonable accommodations for pregnant workers, these protections often end once the mother has given birth. If you were hurt giving delivery, for example, the laws in your state might decide whether or not you are entitled to maternity leave.

If your company makes similar concessions for other employees for nondiscriminatory reasons, you may not discriminate based on a protected characteristic. A company cannot, for instance, discriminate against new moms by allowing them to work part-time but not fathers. However, this may not hold true for a company that routinely allows workers to pursue further education or other personal pursuits during work hours.

Even if your company is not legally obligated to make any adjustments, you may still be able to negotiate on the employee’s behalf. If losing a valuable employee is the only option, flexible work arrangements like temporary part-time work, shift scheduling changes that allow for better child care management (such as earlier or later arrival or departure times, working more or fewer days, and so on), working remotely, or reducing business travel may be possible. In other words, never be afraid to put in an ask.

Can I Quit During or After Maternity Leave?

Even if you’ve decided to quit your work, it’s important to think about the legal ramifications of doing so. The first thing you should know is that you are allowed to resign from your position at any time unless specified otherwise in your employment contract. Some women worry that they will be sued if they don’t go back to work after promised they would. Most women would view this as more of a moral and ethical dilemma than a legal one. Unless you are required to remain in your position by a contract, you are free to leave your post at any time (for example, because you signed a five-year employment contract but are only in year two of the position).

However, there could be legal ramifications such as:

  • You will not be eligible for unemployment compensation. Unemployment benefits are available only to those who lose their jobs, not to those who quit voluntarily. Many states have policies that prevent you from receiving unemployment benefits if you have a healthy baby, even if you have to leave your work for personal reasons.
  • You may be eligible for a return of your health insurance premiums. Because of the federal Family and Medical Leave Act, your health insurance coverage was expected to remain in effect during your maternity leave (FMLA). If you decide not to return to work after being absent, your employer is entitled to reimbursement for any costs used in keeping your health insurance in effect. If the company paid your share of the premium because you didn’t, you’ll be responsible for repaying both the company and your portion of the premium. But if you go back to work after 30 days, you lose your right to compensation. Several states’ family leave statutes feature similar financial arrangements.

Check the employee handbook to learn how your resignation will affect your other perks. Consider your vested benefits; will you be able to withdraw the whole amount upon retirement? How much, if any, of a signing bonus can be returned? Understanding the regulations that apply to company vehicles and computers is crucial. You should weigh the costs and benefits of quitting thoroughly before making a decision.

How to Quit While on Maternity Leave?

Once you’ve made up your mind to leave, you’ll need to figure out the specifics, such how much notice to provide and why you want to go. You are not need to give any notice, however it is customary to give two weeks’ notice.

What you do here will depend on your desired working relationship with your employer and your expectations of their reaction. It is in everyone’s best interest to provide as much notice as possible so that your employer can recruit a replacement and make necessary preparations. This might be your best bet if you ever need a recommendation for a job.

However, if you inform your employer that you won’t be coming back to work, they are free to let you go and look elsewhere for a replacement. Once your leave of absence ends, your employer must reinstate you to your old position unless you notify them otherwise. Leaving your job could mean giving up perks like paid time off and health insurance. But if you opt for COBRA, you’ll have to pay 100% of your health insurance premiums. Many workers, therefore, are wary of submitting resignations in advance for fear of repercussions.

Here, you’ll need to weigh your financial priorities against what you know about your company and what you think is the ethical thing to do. You should make every effort to hand in your resignation in person, since this will allow you to personally thank your employer and highlight your fond memories of working there. If you want to preserve your professional relationships and may need a reference from your former employer in the future, it’s in your best interest to leave on good terms.

Summary: Quitting job after maternity leave

If you feel like quitting your job after maternity leave, you certainly may. However, a contract worker must be mindful of Fair Labor Standards Act requirements and other contractual obligations.

The Family and Medical Leave Act mandates a return to work within 30 days of the end of a qualifying leave, such as maternity leave. You need to work at least 30 days continuously to avoid having to make insurance payments.

Contract workers have committed to their employment terms in a legally binding contract that will run out at a future date. Unless specified otherwise, a contract cannot be terminated after it has been signed.

After returning from maternity leave, you may find yourself unemployed if your company decides to rescind your contract, reduce your hours, or fire you. However, you should research the requirements for unemployment benefits in your state. If you left your work for personal reasons, the government won’t give you unemployment compensation.