Skip to main content

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?

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


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 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 legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.

Mark as helpful

1 lawyer agrees


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 create an Attorney-Client relationship, are not solicitations but merely a generalized response or comment. The facts of every case is unique and requires carefully thought out investigation and research exclusively available during a one-on-one true Attorney-Client consultation including a signed fee agreement.

Mark as helpful

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics