What Should I Do If I Can’t Return To Work After FMLA Leave?

When you take your parental leave, you have an option to return to work or leave your job. There are several factors to consider before deciding whether to return to work or not. Most employees who want to quit work after parental leave fear losing some benefits or not being within their rights. It’s essential to understand your obligations and rights before quitting your job after your FMLA leave.

Does the Law Require You to Return to Work After Leave?

The law allows you to quit your job anytime, regardless of whether it’s after parental leave or not. You are also not legally obliged to issue a notice before you quit.

However, you can choose to give notice as a matter of courtesy. Your employer may hold your position while awaiting your resumption, so informing them earlier about your resignation allows them to seek a replacement sooner.

Consequences of Quitting After Your Parental Leave

Some of the legal implications of quitting your job after your leave include:

  • Paying back your health insurance premiums– if your leave was covered by the FMLA (Federal Family and Medical Leave Act), your employer should continue providing health benefits during your leave. If you decide to quit your job, your employer is legally allowed to get reimbursement for the insurance expenses. You may need to reimburse your share of the premium and your company’s share of the premium, particularly if your employer paid it on your behalf.
  • You can lose your unemployment benefits– You are only entitled to receive your unemployment benefits if you lose your job but not after quitting voluntarily. However, you may receive your health benefits in California if you have a compelling reason for leaving your job. For example, employees who quit jobs for other jobs that didn’t materialize or to look after severely ill relatives may receive unemployment benefits.

Are You Entitled to Get Your Last Paycheck?

Your employer should clear all the wages or salary dues even after quitting your job. You should receive your paycheck whether or not you need to reimburse the health benefits.

Paid Family Leave Benefits

A paid family leave allows you to receive up to 2 months of disability payments after childbirth. You’re also entitled to family leave benefits for up to 8 weeks after the end of your disability claim. If you’re eligible for PFL, you can receive up to 70% of the salary received 5 to 18 months before making a PFL claim.

Need A Los Angeles Employment Attorney? Get in Touch

If your employer undermines your rights after quitting your job, you can always consider hiring a professional employment lawyer. At Limonjyan Law Group, our team of experienced attorneys will represent you in and out of court. Please contact us online or call us at 213-277-7444 to schedule a consultation with our lead attorney, Ruben Limonjyan.