I'm pregnant and will not return to work after the baby is born. Should I resign while on medical leave or after my leave ends?

Asked 6 months ago - San Juan Capistrano, CA

I started a full-time permanent position at a school district about 9 months ago and have been out on medical leave for the past 2 months due to pregnancy related complications. Unfortunately, I do not qualify for FMLA since I do not meet the requirements (minimum of 1 year plus 1250 hours) and I have not passed the probationary requirements for my district (260 days of paid regular service). I would like to stay home and take care of my child instead of returning to work. Should I resign while I'm still on leave or after my leave expires? I currently receive disability benefits. Will I have to pay back those benefits?

Attorney answers (2)

  1. Randy Jay Harvey

    Contributor Level 15


    Lawyer agrees

    Answered . Having been an HR Director for school districts for 13 years before starting the practice of law, I would still recommend that you not resign until after the baby is born. There is no certainty in the world and you should maintain your job protections, in fact some school districts will allow you to take a full years leave of absence without requiring you to resign. Teaching jobs are hard to come by so preserve your rights to a job as long as possible.
    You may want to consult an employment attorney for more specific answers to your questions. You can find one here on Avvo.com or by calling the local bar association.
    Best of luck!

    NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more
  2. Joshua Y. Lee

    Contributor Level 11

    Answered . My colleague gave you good advice. It makes sense to take full advantage of your current ability to go back to work should you decide to do so. Take the time to be certain since you have the luxury of doing so. Assuming you have a working spouse it might seem like a good idea to resign and be home with the child. However, from now until the deadline for your final decision, there are a lot of uncertainties. Just be sure of what you want before you do something you might wish to change but cannot.

    Good luck and congratulations.

    Any advice, suggestions, answers to questions, directions, either implied or express, are not binding, do not... more

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